European Communities Citation, commencement and interpretation 1 1 These Regulations may be cited as the Conservation (Natural Habitats, etc.) (Amendment) Regulations (Northern Ireland) 2011 and shall come into operation on 15th July 2011. 2 The Interpretation Act (Northern Ireland) 1954 applies to these Regulations as it applies to an Act of the Assembly. Amendments to the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 2 The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 are amended in accordance with regulations 3 and 4. 3 In regulation 2 (interpretation and application)— a for paragraph (2A)(a)(ii) substitute— “the Wild Birds Directive ” means Directive 2009/147/ EC of the European Parliament and of the Council on the conservation of wild birds ; and ; and b after paragraph (3) insert the following paragraph— 3A Expressions used in the Wild Birds Directive and in these Regulations have the same meaning as in that Directive. . 4 After regulation 8 (consultation as to inclusion of site omitted from the list) insert— Classification of sites as special protection areas 8A 1 The Department shall classify as special protection areas such sites in Northern Ireland as it considers necessary to ensure that the objective specified in paragraph (2) is met. 2 The objective referred to in paragraph (1) is that those sites across the United Kingdom’s territory which are most suitable in number and size for— a the conservation of the species listed in Annex I to the Wild Birds Directive which naturally occur in that territory; and b the conservation of regularly occurring migratory species of birds not listed in Annex I which naturally occur in that territory, are classified as special protection areas. 3 The Department shall make its decision as to the sites to be classified under paragraph (1) only on the basis of relevant scientific information and— a in the case of a site to be classified for the purpose mentioned in paragraph (2)(a), on the basis of the criteria set out in Article 4(1) of the Wild Birds Directive; and b in the case of a site to be classified for the purpose mentioned in paragraph (2)(b), on the basis of the criteria set out in Article 4(2) of the Wild Birds Directive. 4 Where a site is classified under paragraph (1), the Department shall provide information on that site to the European Commission including— a a map or chart of the site; b its name, location and extent; and c the data resulting from application of the criteria set out in Article 4(1) or Article 4(2) of the Wild Birds Directive. 5 The information specified in paragraph (4) shall be provided in such format as is established by the Commission. 6 In this regulation— a “the United Kingdom’s territory” means the United Kingdom (including its internal waters), the territorial sea adjacent to the United Kingdom, and the offshore marine area, and b where a site which is classified under paragraph (1) is a European marine site then for the words “the Department” where they occur substitute “the Secretary of State”. Notification of a proposal to classify a special protection area 8B 1 Where the Department proposes to classify a site as a special protection area under regulation 8A, it shall give notice of that proposal and an accompanying statement of its reasons for that proposal to— a competent authorities which exercise functions in relation to the site; b competent authorities which exercise functions in relation to an area adjacent to the site; c every owner and occupier of the site; and d such other persons as in its opinion ought to be notified. 2 A notice under paragraph (1) shall specify the time (being not less than 3 months from the date of the giving of the notice) within which representations with respect to the proposal may be made to the Department. 3 The Department shall also publish in at least two newspapers circulating in the area in which the site is located notice— a of the proposal to classify the site as a special protection area; and b of the place (at least one of which is in the area) at which a copy of the proposal may be inspected at all reasonable hours. 4 The Department shall consider any representation duly made when determining whether to classify a site as a special protection area and give notice of its decision to the persons mentioned in paragraph (1). 5 In this regulation where a proposal to classify a site as a special protection area consists of marine areas then for the words “the Department” where they occur substitute “the Secretary of State”. . Sealed with the Official Seal of the Department of the Environment on 7th June 2011. Denis McMahon A senior officer of the Department of the Environment