Draft Environment Strategy: strategic environmental assessment

Appendix C: Habitats Regulations Appraisal

C.1 This appendix sets out the requirements for Habitat Regulations Appraisal (HRA). The purpose of HRA is to enable the competent authority to ascertain whether there are any adverse effects on the integrity of European sites.

Legislation and Regulations

C.2 Special Areas of Conservation (SACs) and Special Protection Areas (SPAs), were developed under the European Commission ‘Habitats Directive’ (Directive 92/43/EEC) and the ‘Birds Directive’ (Directive 79/409/EEC). SACs are strictly protected sites designated under the Directive 92/43/EEC^[317] (the ‘Habitats Directive’) and form a European network of important, high quality conservation sites which contribute to conserving 189 habitat types and 788 identified species.

C.3 SPAs are strictly protected sites classified in accordance with Article 4 of Directive 2009/147/EC^[318](the ‘Birds Directive’) for rare and vulnerable birds (identified in Annex II of the Directive) and also for regularly occurring migratory species.

C.4 Ramsar sites are identified under the Convention on the Conservation of Wetlands of International Importance^[319], and Scottish Ministers require these sites to be subject to the same protection as European sites. In Scotland, all Ramsar sites are also designated as either SPAs or SACs, i.e. Natura sites. Collectively, SPAs, SACs and Ramsar sites will be referred to as ‘European sites’ in this report.

C.5 These Directives resulted in legislation being adopted into Scots law through The Conservation (Natural Habitats, &c.) Regulations 1994^[320] as amended^[321].

C.6 The Conservation (Natural Habitats &c) Regulations 1994 requires that any plan (or project) which is not directly connected with or necessary to the management of a European site, but would be likely to have a significant effect on such a site, either individually or in combination with other plans or projects, shall be subject to an ‘appropriate assessment’ of its implications for the European site in view of the site’s conservation objectives. Proposed or candidate European sites should also be given the same consideration.

C.7 The Habitats Regulations apply a precautionary approach to developments potentially affecting SACs and SPAs. The interest features of the European sites must be maintained so as to avoid deterioration of habitats and significant disturbance of species. An appropriate assessment is required where there is a probability or a risk that a plan or project will have significant effects on a site. However, it is recognised that an assessment of a spatial plan is likely by its nature to be less specific and detailed than the assessment of an individual project. This procedure is applied in Scotland through the Habitats Regulations, and is known as the ‘Habitats Regulations Appraisal’ of plans.

C.8 The Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations 2019^[322] amend the Conservation (Natural Habitats, &c.) Regulations 1994 to ensure they continue to operate effectively following the UK’s withdrawal from the EU. (The 1994 Regulations deliver the protected areas and species requirements of the EU Habitats Directive and the protected areas requirements of the EU Wild Birds Directives.) It also makes minor changes in salmon conservation legislation to reflect the changes made to the 1994 Regulations to ensure that the provisions continue to operate as intended following EU withdrawal.

C.9 The Regulations transferred the existing powers and obligations currently exercised by the European Commission to Scottish Ministers to ensure their operability; but do not introduce any policy changes^[323].

C.10 The proposed Environment Strategy can only be adopted if it can be ascertained that it will not adversely affect the integrity of a European site.

The HRA Process

C.11 The key stages to the Habitat Regulations Appraisal process are outlined in the NatureScot's Guidance on Habitats Regulations Appraisal of Plans^[324] and can be found online.

Stage 1

C.12 Stage 1 of the HRA process is deciding whether a plan should be subject to HRA. This involves determining whether the plan should be subject to Habitats Regulations Appraisal.

C.13 The proposed Environment Strategy is a national level strategy which seeks to support the quality of the environment in Scotland. Furthermore, due to the strategic nature of the document it makes broad recommendations and it does not contain any spatially specific measures. As such, the document is expected to have positive effects on the environment as a whole, and no adverse effects.

Conclusion

C.14 Given the proposed Environment Strategy will not have any adverse effects on European sites, no HRA needs to be undertaken.