|
Habitats Directive
The Scottish Executive has proposed amendments to the 1994 Habitats Regulations in response to a European Court of Justice ruling that the UK had failed to fully implement the provisions of the Habitats Directive.
The proposed amendments provide competent authorities with greater powers to prevent, discourage and rectify damage to protected species. The removal of the “incidental results” defence is of particular relevance. Development plans now require an assessment where such plans are likely to have a significant effect on a designated site or species under the Habitats Directive.
SESA welcomes the full transposition of EU Directives into national law but calls on the Scottish Executive to ensure competent authorities are adequately resourced to implement proposed changes. Furthermore, the planning system must adapt to recognise both the importance of designated sites under the Habitats Directive and the need for waste management infrastructure, to ensure Scotland achieves compliance with EU waste law.
SESA Response
|
