Application: Europe
Designating authority: In Scotland, The Secretary of State for Scotland.
Role of SNH: To provide advice to the Secretary of State on the selection and designation of sites which in its opinion meet the criteria for designation as SACS, and to assist the JNCC in the compilation of the UK list
Legislative context: Directive 92/43/EC: Directive on the conservation of Natural and Semi-Natural Habitats and of Wild Fauna and Flora (commonly known as the Habitats and Species Directive).
The Government's Consultation Paper on legislation proposes that terrestrial SACs should be operated through SSSI procedures; new provisions are proposed for marine SACS.
Criteria:
Each Member State of the EC must propose areas for inclusion as SACs in proportion to the number of natural habitat types and habitats of certain species to be found in that country. Natural habitats are defined as 'terrestrial or aquatic are as distinguished by geographic, abiotic and biotic features, whether entirely natural or semi-natural (Article 1 (b)).
Article 3 requires the creation throughout the EC of a network of SACs which, together with SPAS, will be called 'Natura 20001 to 'maintain or restore, at a favourable conservation status', habitats and species of EC interest.
Article 23 requires Member States to bring into force appropriate laws to comply with the Directive within two years of its notification (ie, by June 1994). All SACs must be formally designated by June 2004.
Background
The Habitats and Species Directive was drawn up in response to the continuing deterioration of natural habitats in Europe and increasing threats to many wild species. Its catalyst lies in the EC Fourth Environmental Action Programme (1987) which stated: "What essentially is needed is a Community instrument aimed at protecting not just birds but all species of fauna and flora; and not just the habitats of birds, but the habitat of wildlife - animals and plants - more generally. Such a comprehensive framework should ensure that, throughout the Community, positive measures are taken to protect all forms of wildlife and their habitat; such measures should be aimed at the three main objectives of the World Conservation Strategy: the maintenance of essential ecological processes and life support systems; the preservation of genetic diversity; and the sustainable utilisation of species and ecosystems."
The EC produced the Habitats and Species Directive proposal in 1988. The final draft was agreed in principle in December 1991and adopted in May 1992. It was notified to Member States on 5 June 1992 and the time periods specified in the Directive stem from that date.
According to the Directive, SACs are to be afforded absolute protection subject to 'imperative reasons of overriding public interest, including those of a social or economic nature'.
Article 6 of the Directive also outlines a number of conservation measures to be established for SACs by the Member States including:
- management plans;
- special measures to avoid significant deterioration of natural habitats and the habitats of species;
- environmental assessment of all projects not directly necessary for the management of the site;
- no agreement to activities which will adversely affect the integrity of the site unless they are necessary for imperative reasons of overriding public interest (including those of a social or economic nature), in which case compensatory measures must be adopted.
The Directive lays out a timetable for implementation, and all Member States must have domestic legislation and administrative procedures in place to implement the Directive by June 1994. Each Member State has until June 1995 to propose those areas which it feels should come under the provisions of the Directive. Over the course of the subsequent three years (to June 1998) the Commission will, in cooperation with the Member States, finalise a Community-wide list of the sites or areas to be protected, to be called "Natura 2000,1 (comprising SACs and SPAS). Member States will then have a further six years (to June 2004) to designate the selected sites as SACS.SNH is to undertake consultation with owners, occupiers, planning authorities and other interested parties on behalf of the Secretary of State.