Biodiversity in IA toolkit

Gibraltar Environmental Legislation

Nature Protection Ordinance 1991

[protection of species and habitats on Gibraltar, scheduling species for particular protection, applying the EU Habitats Directive to the Rock]

Section 12 (2) Subject to the provisions of this Part, if any person plants or otherwise causes to grow in the wild any plant which does not ordinarily grow in the wild in Gibraltar, he shall be guilty of an offence.

(3) Subject to sub-section (4), it shall be a defence to a charge of committing an offence under sub-section (1) or (2) to prove that the accused took all reasonable steps and exercised all diligence to avoid committing the offence."

17C.(1) Once a site of Community importance in Gibraltar has been adopted in accordance with the procedure laid down in paragraph 2 of Article 4 of the Habitats Directive, the Minister shall designate that site as a special area of conservation as soon as possible and within six years at most.

17J.(1) The owner or occupier of any land within a European site shall not carry out, or cause or permit to be carried out, on that land any operation specified in relation to the site under section 17H unless: (a) one of them has given the Nature Conservancy Council written notice of a proposal to carry out the operation, specifying its nature and the land on which it is proposed to carry it out, and (b) one of the conditions specified in sub-section (2) is fulfilled. (2) The conditions referred to in sub-section (1)(b) are: (a) that the operation is carried out with the written consent of the Nature Conservancy Council; (b) that the operation is carried out in accordance with the terms of a management agreement.

(4) For the purposes of sub-section (3) it is a reasonable excuse for a person to carry out an operation: (a) that the operation was an emergency operation particulars of which (including details of the emergency) were notified to the Nature Conservancy Council as soon as practicable after the commencement of the operation; or (b) that the operation was authorised by a planning permit granted on an application under the Town Planning Ordinance.

17K.(1) Where it appears to the Nature Conservancy Council that an application for consent given in accordance with section 17J(2)(a) relates to an operation which is or forms part of a plan or project which: (a) is not directly connected with or necessary to the management of the site, and (b) is likely to have a significant effect on the site (either alone or in combination with other plans or projects), the Council shall make an appropriate assessment of the implications for the site in view of that site's conservation objectives.

(5) If on the matter being referred to the Minister he is satisfied that, there being no alternative solutions, the plan or project should be carried out for imperative reasons of overriding public interest (which, subject to subsection (6), may be of a social or economic nature), he may direct the Nature Conservancy Council to give consent to the operation.

(7) Where the Minister directs the Nature Conservancy Council to give consent under this section, he shall secure that such compensatory measures are taken as are necessary to ensure that the overall coherence of Natura 2000 is protected.

[NB, this does not apply to sites pending decision as to European status]

TOWN PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS, 2000

[requirements for environmental impact assessment on the Rock, including for projects likely to have a transboundary impact. Procedures and preparation for EIS and IA are set out. Lists developments for which a full EIA is required (schedules 1,2), and the information required for an EIA (schedule 4)]

Schedule 4 (information for inclusion in environmental statements) 3. A description of the aspects of the environment likely to be significantly affected by the development, including, in particular, population, fauna, flora. soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

4. A description of the likely significant effects of the development on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the development, resulting from:

SACs are designated under the EC Habitats Directive. The Directive applies to the UK and the overseas territory of Gibraltar. SACs are areas which have been identified as best representing the range and variety within the European Union of habitats and (non-bird) species listed on Annexes I and II to the Directive. SACs in terrestrial areas and territorial marine waters out to 12 nautical miles are designated under the Conservation (Natural Habitats, etc.) Regulations 1994 (as amended). New and/or amended Habitats Regulations are shortly to be introduced to provide a mechanism for the designation of SACs and SPAs in UK offshore waters (from 12-200 nm).

SPAs are classified by the UK Government under the EC Birds Directive. The Directive applies to the UK and the overseas territory of Gibraltar. SPAs are areas of the most important habitat for rare (listed on Annex I to the Directive) and migratory birds within the European Union. SPAs in terrestrial areas and territorial marine waters out to 12 nautical miles are classified under the Wildlife and Countryside Act 1981. New and/or amended Habitats Regulations are shortly to be introduced to provide a mechanism for the designation of SPAs and SACs in UK offshore waters (from 12-200 nm).

World Heritage Sites are designated to meet the UK's commitments under the World Heritage Convention. The UK's ratification of the Convention also extends to its Overseas Territories and Crown Dependencies. These sites are designated for their globally important cultural or natural interest and require appropriate management and protection measures. Natural properties may be terrestrial or marine areas.