Proposed changes to Habitats legislation

The Department of the Environment for Northern Ireland (DoE NI) is currently seeking views on their proposals to amend the Conservation (Natural Habitats etc.) Regulations (Northern Ireland) SR 1995/380, which implement the requirements of the Habitats Directive 92/43/EC. The Directive aims to conserve biodiversity through statutory protection for important flora and fauna by designating protected habitats and issuing provisions for endangered wildlife. Following a recent European Court of Justice ruling, the DoE NI are required to make amendments in order to ensure a more accurate and explicit implementation of the Directive. Similar consultations are also being carried out in England, Scotland and Wales.

The main changes will include:

• making sure land use plans are explicitly subject to the requirements of the Directive, with regard to special areas of conservation;
• placing a duty on the DoE NI to carry out surveillance of the conservation status of European protected species;
• amending the law for the keeping and sale of European protected species;
• placing a duty on relevant departments to monitor the incidental capture and killing of European protected species;
• amending the way in which derogations allowed by the Directive have been applied.

Any comments with regard to the proposals should be made by 17 July 2006.