The Dee Estuary European Marine Site comprising: Dee Estuary / Aber Dyfrdwy Special Area of Conservation The Dee Estuary Special Protection Area The Dee Estuary Ramsar Site Natural England & the Countryside Council for Wales’ advice given under Regulation 33(2) of the Conservation (Natural Habitats &c.) Regulations 1994 January 2010 This document supersedes the May 2004 advice. A Welsh version of all or part of this document can be made available on request This is Volume 1 of 2 Natural England and the Countryside Council of Wales’ advice for the Dee Estuary European marine site given under Regulation 33(2) of the Conservation (Natural Habitats &c.) Regulations 1994 Preface This document contains the joint advice of Natural England1 and the Countryside Council for Wales (CCW) to the other relevant authorities for the Dee Estuary European marine site, as to: (a) the conservation objectives for the site, and (b) any operations which may cause deterioration of natural habitats or the habitats of species, or disturbance of species, for which the site has been designated. This advice is provided in fulfilment of our obligations under Regulation 33(2) of the Habitats Regulations.2 An earlier version of this document was published in 2004 by English Nature and CCW. This document replaces that earlier version. The Dee Estuary European marine site comprises the marine areas of The Dee Estuary Special Protection Area (SPA) and Dee Estuary / Aber Dyfrdwy Special Area of Conservation (SAC). The extent of the Dee Estuary European marine site is defined in Section 1. European marine sites are defined in the Habitats Regulations as any part of a European site covered (continuously or intermittently) by tidal waters or any part of the sea in or adjacent to Great Britain up to the seaward limit of territorial waters. European sites include SACs designated under the 1992 Habitats Directive3, which support natural habitats and species of European importance, and SPAs classified under the 1979 Birds Directive4, which support internationally important wild bird populations. The Dee Estuary is also designated as a ‘Ramsar site’ under the Convention on Wetlands of International Importance especially as Waterbird Habitat, because it supports internationally important wetlands and wetland species. According to UK and Welsh Assembly Government policy, Ramsar sites should receive the same level of protection as European sites.5 The interrelationship of the various legislation and designations is shown diagrammatically in Figure A. This ‘Regulation 33 advice’: • is designed to help relevant and competent authorities responsible for complying with the requirements of the Birds and Habitats Directives to understand the international importance of the Dee Estuary European marine site, and the underlying 1 The roles of English Nature, the Landscape Access and Recreation division of the Countryside Agency and the environmental activities of the Rural Development Service were brought together to form a new independent body – Natural England. 2 Conservation (Natural Habitats, &c.) Regulations 1994 (SI 1994 No 2716), as amended. 3 Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. 4 Council Directive 79/409/EEC on the conservation of wild birds. 5 Office of the Deputy Prime Minister (2005) Planning Policy Statement 9: Biological and Geological Conservation, Welsh Assembly Government (2006) Draft Revised Technical Advice Note 5 Nature Conservation and planning, DEFRA (2006) Ramsar sites in England, National Assembly for Wales (2001) Ramsar sites in Wales. 3 physical and ecological processes supporting the habitats and species for which the European marine site is designated; • is intended to assist the relevant authorities to develop, if considered appropriate, a management scheme under Regulation 34 of the Habitats Regulations, under which they shall exercise their functions in accordance with the requirements of the Directives; • contains Natural England and CCW’s advice to competent authorities as to the conservation objectives for the European marine site for the purpose of considering plans and projects in accordance with Article 6 of the Habitats Directive and Parts IV and IVa of the Habitats Regulations. Natural England and CCW will provide more detailed advice to competent authorities to assess the implications of particular plans or projects, where appropriate, at the time those plans or projects are being considered. An example of the processes involved in the consideration of development proposals affecting Internationally Designated Nature Conservation Sites is shown in Figure B; • sets out the standards against which the condition of the features of the site can be monitored, enabling judgements to be made about whether that condition is favourable. The advice in this document is subject to review by Natural England and CCW, including to take account of new information about the European site or its features, or changes to the SAC, SPA or Ramsar site designations. For example this document has been updated to reflect the formal designation of the Dee Estuary / Aber Dyfrdwy SAC in December 2009. In relation to the Dee Estuary SPA and Ramsar site, this document is based on the list of qualifying features that formed part of the consultation over modifications to the SPA/Ramsar site in 2001. These changes to the designations have now been formally approved by the Welsh Assembly and UK government in December 2009 and are reflected in this document. However in July 2007 the Dee Estuary Ramsar site was classified additionally under criterion 1, which indicates that ‘A wetland should be considered internationally important if it contains a representative, rare, or unique example of a natural or near-natural wetland type found within the appropriate biogeographic region’. As this is a feature of the European marine site it has been included within this revised document in Appendix XI. David Knight Dr David Parker Area Manager Director Science Natural England Countryside Council for Wales January 2010 January 2010 4 Figure A. Chart showing the inter-relationship between the legislation and different designations that make up the Dee Estuary European marine site The Birds SPA Directive Regulation 33 The Habitats SAC Directive The Ramsar Ramsar Policy Convention Dee Estuary European marine site 5 Figure B. An example of the Consideration of development proposals affecting Internationally Designated Nature Conservation Sites (Taken from Government Circular: Biodiversity and Geological Conservation – statutory obligations and their impact within the planning system. Office of the Deputy Prime Minister Circular 06/2005) 6 Acknowledgements Natural England and the Countryside Council for Wales would like to acknowledge the contributions from individuals and organisations who have provided assistance at various times during the preparation of this Regulation 33 advice. 7 Contents Preface Introductory sections................................................................................................................17 1. Introduction..................................................................................................................19 1.1 Natura 2000...........................................................................................................19 1.2 The role of Natural England and the Countryside Council for Wales..................20 1.3 The precautionary principle ..................................................................................20 1.4 The role of competent and relevant authorities.....................................................20 1.5 Factors outside the control of relevant authorities................................................21 1.6 Responsibilities under other conservation designations .......................................21 1.7 Role of conservation objectives............................................................................21 1.8 Role of advice on operations.................................................................................22 1.9 European sites .......................................................................................................22 1.10 Description of the site .........................................................................................23 2. Qualifying interest features under the EU Habitats and Birds Directives and the Convention on Wetlands of International Importance.....................................27 2.1 Interest features of the Dee Estuary European marine site under the EU Habitats Directive...........................................................................................................27 2.2 Interest features of the Dee Estuary European marine site under the EU Birds Directive...........................................................................................................27 2.3 Interest features of the Dee Estuary European marine site under the Ramsar Convention on Wetlands of International Importance Especially as Waterbirds Habitat..............................................................................................................28 2.4 Other qualifying features or features of interest within the SAC, SPA and Ramsar designations outside the European marine Site ...............................................29 2.4.1 Dee Estuary/Aber Dyfrdwy SAC...........................................................29 2.4.2 The Dee Estuary SPA ............................................................................29