By what process regulation 48 of the Conservation (Natural Habitats, &c.) Regulations 1994, as amended, is applied to assess the implicatio…

The merchant shipping legislationrelating to ship to ship transfers of oil and other chemicals is not specificallycovered by Part IV of the Conservation (Natural Habitats & c.) Regulations 1994and as such Regulation 48 and 49 of the Conservation (Natural Habitats & c.)Regulations 1994 do not apply as a matter of law to such proposals. However, Regulation3(4) of the Conservation (Natural Habitats & c.) Regulations 1994 requires everycompetent authority in the exercise of their functions, to have regard to the requirementsof the Habitats Directive so far as they may be affected by the exercise of thosefunctions. Regulation 48 and 49 transpose the requirements of Article 6(3) and 6(4)into domestic law.
Where a European Protected species(EPS) is present and the project is likely to cause any effects which would constitutean offence under Regulations 39 or 43, the promoter of the project requires a licenceunder Regulation 44, which will only be granted if the three tests in that Regulationare met. These tests apply whether the EPS is within or outside a European site.