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NATURAL HABITATS AND HABITATS
SPECIES CHAPTER I Sites
Community importance 3. Selection
sites for identification as sites
Community importance.
ficers. CHAPTER II Designation
special areas
conservation and notification
owners and authorities
notices.
conservation.
works, restoration and compensation 17. Prohibition
works on certain lands. 18. Prohibition
works on certain lands outside a European site. 19. Restoration
land in European sites following damage. 20. Compensation. PART III PROTECTION
FLORA AND FAUNA 21. Application
section 21 (protection
flora)
Principal Act. 22. Application
section 45 (sale, purchase and possession
fauna restricted)
Principal Act. 23. Protection
fauna set out in Part I
First Schedule. 24. Measures to control the taking in the wild
fauna and flora species set out in Part II
First Schedule.
Local Government (Planning and Development) Act, 1963. 27. Obligations
Local Authorities and An Bord Pleanála in granting planning permission. 28. Obligations
the Minister for the Environment in relation to local authority development where an environmental impact assessment is required. 29. Obligations
local authorities in carrying out developments in which Part X
the Local Government (Planning and Development) Regulations, 1994 apply. 30. Obligations
the Minister for the Environment in relation to road development by a Road Authority. 31. Requirement for discharge by certain Ministers
the Government functions under certain enactments. 32. Obligations
local authorities. An Bord Pleanála or the Environmental Protection Agency in the discharge
their powers and functions under certain enactments.
certain species. 37. Reports. 38.
fences by body corporate.
1997: EUROPEAN COMMUNITIES (NATURAL HABITATS) REGULATIONS, 1997. The Minister for Arts, Culture and the Gaeltacht, in exercise
the powers conferred on him by section 3
the European Communities Act, 1972 (No. 27
1972), for the purpose
giving effect to Council Directive No. 92/43/EEC
21 May 1992(a), hereby makes the following Regulations: (a) O.J. No. L 206, 22 July
2 April 1979 on the conservation
wild birds(b); (b) O.J. No. L 103, 25 April 1979. page 1. "authorised
ficer" means a person appointed as an authorised
ficer under Regulation 7; "the Board" means An Bord Pleanála; "candidate list
European sites" has the meaning assigned by Regulation 3
the European Communities; "conservation" means a series
measures required to maintain or restore the natural habitats and the populations
species
wild fauna and flora at a favourable conservation status
a natural habitat and
a species; "environmental impact assessment" means an assessment carried out in accordance with the provisions
any enactment made in connection with the Council Directive No. 85/337/EEC
27 June, 1985(c) on the assessment
the effects
certain public and private projects on the environment, and any Directive amending or replacing the first-mentioned Directive and includes an assessment carried out in accordance with section 51
the Roads Act, 1993 (No. 14
1993); (c) O.J. No. L 175, 5 July 1985, page 40. "European site" means— ( a ) a special area
conservation; ( b ) a site
Community importance which has been placed on the list referred to in the third subparagraph
the Habitats Directive; ( c ) an area classified pursuant to paragraph
the Birds Directive; "functions" includes powers and duties; "the Habitats Directive" means Council Directive No. 92/43/EEC
21 May, 1992(a) on the conservation
natural habitats and
wild fauna and flora; (a) O.J. No, L
a species" means an environment defined by specific abiotic and biotic factors, in which the species lives at any stage
its biological cycle; "hunt" means stalk, pursue, chase, drive, flush, capture, course, attract, follow, search for, lie in wait for, take, trap or shoot by any means whether with or without dogs and, except in sections 28 and 29
the Principal Act, includes killing in the course
hunting and cognate words shall be construed accordingly; "land", where the context admits, includes land covered by water and in relation to the acquisition
land also includes any easement, profit à prendre or other right in, to or over land or water including any easement, profit à prendre or other right granted to or held by the Minister; "local authority" means— ( a ) the council
a county; ( b ) the corporation
a county or other borough, or ( c ) the council
any urban district, and includes a sanitary authority for the purposes
the Local Government (Water Pollution) Act, 1977 , a planning authority and a road authority; "the Minister" means the Minister for Arts, Culture and the Gaeltacht; "NATURA 2000". means the European network
special areas
conservation and special protection areas under the Birds Directive, provided for by paragraph 1
the Habitats Directive; "natural habitats" means terrestrial or aquatic areas distinguished by geographic, abiotic and biotic features, whether entirely natural or semi-natural; "operation or activity" means any use
— ( a ) land (including the foreshore and the seabed out to the exclusive fishery limits
the State), and ( b ) water covering such land, other than— (i) development which is not exempted development within the meaning
the Local Government (Planning and Development) Acts, 1963 to 1993, or (ii) development by a local authority, or (iii) an operation or activity which requires consent or other authorisation, pursuant to any enactment set out in Part I or II
the Second Schedule; "planning authority" means a planning authority for the purposes
the Local Government (Planning and Development) Acts, 1963 to 1993; "Principal Act" means the Wildlife Act, 1976 ; "priority natural habitat types" means natural habitat types in danger
disappearance, which are present on the territory referred to in Article 2
the Habitats Directive and for the conservation
which the Community has particular responsibility in view
the proportion
their natural range which falls within the territory referred to in the said Article 2 and which are indicated in each case by an asterisk in Annex I to the Habitats Directive; "priority species" means species referred to in Article 1 (g) (i)
the Habitats Directive for the conservation
which the Community has particular responsibility in view
the proportion
their natural range which falls within the territory referred to in Article 2
the Habitats Directive and which are indicated in each case by an asterisk in Annex II to the Habitats Directive; "road authority" means the council
a county, or corporation
a county or other borough, or the council
an urban district; "site
Community importance" means— ( a ) a site which, in the bio-geographical region or regions to which it belongs, contributes significantly to the maintenance or restoration at a favourable conservation status
a natural habitat type in Annex I to the Habitats Directive or
a species mentioned in Annex II to that Directive and may also contribute significantly to either or both the coherence
Natura 2000 referred to in Article 3
the Habitats Directive, and the maintenance
biological diversity within the bio-geographic region or regions concerned, and ( b ) in the case
animal species ranging over wide areas, sites
Community importance shall correspond to the places within the natural range
such species which present the physical or biological factors essential to their life and reproduction; "special area
conservation" means a site
Community importance designated by the Member States through a statutory, administrative or contractual act, or any combination thereof, where the necessary conservation measures are applied for the maintenance or restoration, at a favourable conservation status,
either or both the natural habitats and the populations
the species for which the site is designated.
, or Schedule to, these Regulations, unless it is indicated that reference to some other enactment is intended, and ( b ) a reference to a paragraph or subparagraph is to the paragraph or subparagraph
the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
NATURAL HABITATS AND HABITATS
SPECIES CHAPTER I Sites
Community importance 3 Selection
sites for identification as sites
Community importance 3.
identifying as sites
Community importance and based on the criteria set out in Annex III (Stage I) to the Habitats Directive and relevant scientific information, prepare a list
sites (in these Regulations referred to as a "candidate list
European sites") indicating in respect
each such site either or both— ( a ) the natural habitat type or types in Annex I to the Habitats Directive which the site hosts, and ( b ) the species in Annex II to the Habitats Directive that are native to the State which the site hosts.
such species which present the physical or biological factors essential to their life and reproductions; ( b ) For aquatic species which range over wide areas the Minister shall propose such sites only where there is a clearly identifiable area representing the physical and biological factors essential to their life and reproduction.
the candidate list
European sites having regard to the surveillance carried out pursuant to Regulation 7
the candidate list
European sites or a modified list under Regulation 3
Public Works in Ireland, the Environmental Protection Agency and to any planning authority within whose functional area the land to which the list relates, or any part
such land, is situated and the Minister shall, where appropriate, consult with all or any
them.
any land mentioned in the candidate list
Europena sites and any holder
a valid prospecting licence or exploration licence duly issued under any enactment which relates to such land
the proposal to include the land in such a list and to transmit the list to the Commission pursuant to the provisions
the Habitats Directive; ( b ) Where the address
any person to whom subparagraph (a)
this paragraph relates cannot be found after reasonable inquiry, notices and maps showing the site concerned shall be displayed in a conspicious place— (i) in one or more Garda Síochána stations, local authority
fices, local
fices
the Department
Social Welfare, local
fices
the Department
Agriculture, Food and Forestry and
fices
Teagasc which are located within or contiguous to the site concerned, or (ii) where in any case there is no such station or
fice so located, in one or more
each such station or
fice within the vicinity or closest to such site, and advertisements shall be broadcast on at least one radio station duly broadcasting in the area
the site concerned and be placed in at least one newspaper circulating in that area and every such advertisement shall request any person affected by the candidate list
European sites to contact the Department
Arts, Culture and the Gaeltacht. ( c ) The provisions
section 3
the Principal Act shall not apply in a case to which subparagraph (b)
this paragraph relates.
European sites sent by the Minister under paragraph
each site— ( a ) be accompanied by an ordance map
appropriate scale in the circumstances, upon which is marked the site, so as to identify the land comprising the site to which the notice relates and the boundaries thereof; ( b ) indicate the operation or activity which the Minister considers would be likely to alter, damage, destroy or interfere with the integrity
the site; ( c ) indicate the habitat type, or types, the site hosts or the species the site hosts and for which the site is proposed to be identified as a site
Community importance; ( d ) indicate the procedures by which a person may object.
securing compliance with the requirements
the Habitats Directive, at any time amend the notification with respect to any
the matters mentioned in subparagraph (b)
paragraph
the notice under paragraph
three months from the date the notice was served on him or her or given to him or her, object, in the manner specified in the notice, on scientific grounds to the inclusion
a site on the candidate list
European sites.
the Government to whom a copy
the candidate list under Regulation 4
Public Works in Ireland, the Environmental Protection Agency or the planning authority in whose functional area the land is situated may, not later than three months from the date the list was sent to them, seek a review or modification
the list.
the list under paragraph
the site concerned
the decision on such objections or request.
European sites and shall transmit it to the Commission in accordance with Article 4
the Habitats Directive. 6 Consultation initiated by Commission to add sites 6.
the Habitats Directive with respect to a site hosting a priority natural habitat type or priority species, and— ( a ) the Minister agrees that the site should be added to the list transmitted in accordance with Regulation 5
the European Communities that a site should be included in the list pursuant to paragraph 3
the Habitats Directive, the site shall be treated as added to the list as from the date
that agreement or decision.
Regulation 4 and the notification specified paragraph
that Regulation and the Minister shall, where appropriate, inform all or any
the persons to whom those paragraphs relate
the measures to protect the site pursuant to paragraph 2
the Habitats Directive. ( b ) consider any objections or requests in accordance with Regulation 5
ficers 7.
the fish species specified in Part II
the First Schedule, and to the extent (if any) specified therein, undertake or cause to be undertaken, surveillance
the conservation status
the natural habitats and species referred to in Article 2
the Habitats Directive with particular regard to priority natural habitat types and priority species and the Minister shall have regard to such surveillance in the adaptation
the list transmitted to the Commission under Regulation 5
undertaking surveillance
the conservation status
the natural habitats and species under paragraph
giving effect to the Habitats Directive, the Minister and the Minister for the Marine may, in respect
the fish species specified in Part II
the First Schedule and to the extent (if any) specified therein, each appoint in writing, one or more than one person to be an authorised
ficer for those purposes; ( b ) Where a person has been appointed to be an authorised
ficer under this Regulation, the person shall stand appointed until— (
ficer
the Minister who made the appointment, upon that person ceasing to be such an
ficer, (iii) where the appointment is for a fixed period, on the expiry
that period, (iv) a written resignation signed by the person is received by the Minister who made the appointment; ( c ) The appointment
a person as an authorised
ficer may at any time be terminated by the Minister or the Minister for the Marine, whichever
them appointed the person, even if the appointment was made for a fixed period.
appointment as an authorised
ficer shall be issued to every person appointed under this section and when exercising any function conferred on the person as an authorised
ficer shall, if requested by a person affected, produce the certificate to that person.
ficer a person to whom that paragraph relates.
ficer may, for the purposes
these Regulations— ( a ) enter and inspect any lands for the purposes
undertaking surveillance
the conservation status
the natural habitats and species under paragraph
giving effect to the Habitats Directive and, without prejudice to the generality
the foregoing, may enter and inspect any lands— (i) for the purpose
the preparation
a candidate list
European sites or
any proposed modification
any such list by virtue
Regulation 3
any proposed addition to any such list by virtue
Regulation 6, (ii) to which a candidate list
European sites, a modified list under Regulation 3
Regulation 6
Regulation 11, (v) which is the subject
an agreement under Regulation 12, (
establishing whether or not Regulation 23 has been complied with, (
ficer has reasonable cause to suspect that an
fence under these Regulations is being or has been committed or evidence
any such
fence is to be found; ( b ) request the owner or occupier
such land so entered to give assistance, to carry out such instructions and to give such information as may be reasonably necessary for the purposes
the performance by the authorised
ficer
his or her functions;
ficer when he or she is exercising a function conferred by this Regulation shall be guilty
an
fence. CHAPTER II Designation
special areas
conservation and notification
owners and authorities 8 Notifications from Commission 8. As soon as practicable after the Minister has received notification from the Commission that a site has been— ( a ) adopted by the Commission in accordance with the procedure laid down in paragraph 2
the Habitats Directive, or ( b ) a decision has been taken by the Council in accordance with paragraph 3
the Habitats Directive, the Minister shall notify— (i) every owner or occupier within the site and any holder
a prospecting licence or exploration licence duly issued under any enactment that the site has been so adopted or a decision so taken, (ii) each Minister
the Government specified in Regulation 4
Public Works in Ireland, (iv) every planning authority within whose functional area the site or any part
the site is situated or whose lands adjoin the site, (
conservation. 9 Designations 9.
the Habitats Directive the Minister shall, designate the site as a special area
conservation and the Minister shall publish, or cause to be published, in the Iris Oifigiúil a copy
every such designation.
Title Act. 1964 (No. 16
1964), in the appropriate register maintained under that Act as a burden on the land.
Regulation 4 prior to obtaining the agreement
the Commission. 10 Priorities for designation 10.
sites having regard to— ( a ) the importance
the sites for the maintenance or restoration at a favourable conservation status
— (
Natura 2000, or ( c ) the threats
degradation or destruction to which those sites are exposed. 11 Erection
notices 11.
, or near any land in respect
which a designation under Regulation 9 applies a notice
the existence
the designation and for that purpose any person, duly authorised by the Minister in that behalf, may enter on such land and on any other land.
an
fence. 12 Management agreements 12.
the Principal Act with any owner, lessee or occupier
land forming part
a European site or land adjacent to such a site for the management, conservation, restoration or protection
the site or
any part
it.
the Principal Act in relation to land which on or after the coming into force
these Regulations becomes part
a European site or is near such a site shall also have effect as if entered into under this Regulation. CHAPTER III Operations or activities in European sites 13 Conservation measures to be undertaken by the Minister in order to protect special areas
conservation 13.
special areas
conservation designated under Regulation 9 including, if necessary, management plans order either specifically designated for the sites or integrated into appropriate plans.
the natural habitat types in Annex I to the Habitats Directive and the species in Annex II to that Directive present on the sites.
conservation designated under Regulation 9, the deterioration
natural habitats and the habitats
species as well as disturbance
the species for which the areas have been designated insofar as such disturbance could be significant in relation to the objectives
the Habitats Directive. 14 Restrictions on carrying out operations or activities 14.
conservation or a site placed on a list in accordance with Chapter I
this Part an operation or activity mentioned in a notice issued under Regulation 4
the land and— ( a ) one
them has given the Minister written notice
a proposal to carry out the operation, or activity, specifying its nature and the land on which it is proposed to carry it out, and ( b ) one
the conditions specified in paragraph
the Minister, or ( b ) that the operation or activity is carried out in accordance with the terms
a management agreement provided for under Regulation 12.
an
fence.
this Regulation shall not apply to an operation or activity to which Regulation 15
Regulation 14 relates to an operation or activity which— ( a ) is neither directly connected with nor necessary to the management
the site, but ( b ) is likely to have a significant effect on the site, either alone or in combination with other operations or activities, the Minister shall cause an assessment to be made
the implications for the site in view
that site's conservation objectives.
these Regulations there is any subsisting licence, approval, consent or other authorisation granted or issued pursuant to any
the enactments set out in the Second Schedule to these Regulations pursuant to which licence, approval, consent or other authorisation an operation or activity has been undertaken or is proposed to be undertaken and which is considered by the Minister to be having or likely to have a significant adverse effect on the ecological features
the site proposed for designation as a special area
conservation, then the Minister may request the relevant Minister
the Government responsible for granting or issuing the licence, approval, consent or other authorisation or for supervising the person to whom it was granted or issued, to have an assessment made
the implications for that site in view
the site's conservation objectives and having regard to such assessment to affirm, modify or revoke such licence, approval, consent or other authorisation. ( b ) Without prejudice to the generality
subparagraph (a), where the Minister for the Marine is requested by the Minister, pursuant to subparagraph (a), to have an assessment made
the implications for a site proposed for designation as a special area
conservation
an operation or activity authorised by a lease under section 2, or a licence under section 3,
the Foreshore Act, 1933 , the Minister for the Marine may, having regard to such assessment and notwithstanding any provision
the Foreshore Acts, 1933 to 1992, affirm, modify or revoke such lease or licence. 16 Decisions 16.
the assessment under Regulation 15
the site and, if the Minister considers it to be appropriate, having obtained the opinion
the general public.
the implications for the site
any operation or activity thereon, and ( b ) in the absence
an, alternative solution, the operation or activity must be carried out for imperative reasons
overriding public interest, which interest may, subject to paragraph
a social or economic nature, the Minister may decide to give the owner, occupier or user consent to undertake the operation or activity.
the land— (i) to which natural habitat types and species specified in the Habitats Directive relate, other than those specified in paragraph
appeal on the Minister against that refusal. ( b ) Where in circumstances to which subparagraph (a) relates the Minister shall appoint a person, who shall be a barrister or a solicitor
not less than 7 years standing, to be an arbitrator for the purposes
hearing and determining the appeal and, where the arbitrator determines that the Minister should give consent under paragraph
the Minister for Finance, may determine.
primary importance to the environment, or ( b ) other reasons which, in the opinion
the European Communities, are imperative reasons
overriding public interest.
the implications for a European site, the Minister shall ensure that the necessary compensatory measures are taken to ensure that the overall coherence
Natura 2000 is protected. CHAPTER IV Prohibition
works, restoration and compensation 17 Prohibition
works on certain lands 17.
this Part, or ( b ) a site where consultation has been initiated in accordance with Article 5
the Habitats Directive, or ( c ) a European site, which is neither directly connected with nor necessary to the management
such sites but likely to have a significant effect thereon either individually or in combination with other operations or activities the Minister shall ensure that an appropriate assessment
the implications for the site in view
the site's conservation objectives is undertaken.
a proposed operation or activity shall be an appropriate assessment for the purposes
this Regulation.
the assessment undertaken under paragraph
the opinion that the operation or activity will adversely affect the integrity
the site concerned, the Minister shall make application to a court
competent jurisdiction to prohibit the continuance
the operation or activity.
competent jurisdiction for a prohibition under this Regulation shall be in a summary manner and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate having regard to paragraph 4
the Habitats Directive and to the overall requirement
safeguarding the integrity
the site concerned and ensuring that the overall coherence
NATURA 2000 is protected.
this section "a court
competent jurisdiction" means either a Judge
the Circuit Court within whose Circuit the lands or part
the lands concerned are situated or the High Court. 18 Prohibition
works on lands outside a European site 18.
this Part, or ( b ) a site where consultation has been initiated in accordance with Article 5
the Habitats Directive, or ( c ) a European site, and is liable to have an adverse effect on the integrity
the site concerned either alone or in combination with other operations or activities the Minister shall ensure that an appropriate assessment
the implications for the site in view
the site's conservation objectives is undertaken.
the assessment undertaken under paragraph
paragraphs
Regulation 17 shall apply. 19 Restoration
land in a European site following damage 19.
this Part, or (ii) a site where consultation has been initiated in accordance with Article 5
the Habitats Directive, or (iii) a European site, and is in contravention
the conditions
this Part the Minister may, by direction issued in writing, require the owner, occupier or user
the land or the person who carried out the operation or activity to restore the land in accordance with the direction; ( b ) Every direction shall specify the period within which the land concerned is to be restored; ( c ) Any person who fails to comply with a direction under subparagraph (a) shall be guilty
an
fence.
competent jurisdiction from the person to whom the direction was made any expenses reasonably incurred by the Minister in that behalf.
carrying out any required works under this Regulation shall be guilty
an
fence. 20 Compensation 20.
this Part, the Minister shall, save for the reasons set out in paragraphs
compensation an amount equal to the loss suffered by the owner, occupier or user by the depreciation
an interest in the land to which he or she is entitled. ( b ) Where a Minister
the Government modifies or revokes a lease, licence, by virtue
Regulation 15
compensation an amount equal to the loss suffered by the lessee or licensee by the depreciation
any interest in the land to which he or she would, but for the modification or revocation, be entitled.
compensation payable by the Minister under paragraph
the land or
an interest in the land consequent on the refusal
consent, which amount shall be
fset by the value
any amounts which the owner, occupier or user is receiving under the Scheme dated 1st day
June, 1994, and operated by the Minister for Agriculture, Food and Forestry and known as the Rural Environment Protection Scheme. Provided that any amounts which the proposed operation or activity would have attracted by way
grant aid from any Minister
the Government or any body established or regulated by or under a statute, if consent had been given under Chapter II
this Part, shall not be taken into account in assessing the difference between the antecedent and subsequent value
the land. ( b ) The amount
compensation payable by the Minister under paragraph
the interest in the land consequent on the modification or revocation
the licence or lease concerned.
compensation under this Regulation shall, in default
agreement, be determined by arbitration under the Acquisition
Land (Assessment
Compensation) Act, 1919, and sections 69 to 83
the Lands Clauses Consolidation Act, 1845, in all respects as if the claims arose in relation to compulsory acquisition
land.
issue
the decision by the Minister under Chapter III
this Part or the modification or revocation
the lease or licence to which paragraph
consent for an operation or activity for as long as— ( a ) the Minister is in negotiation with the owner or occupier, as the case may be, for the purchase by agreement
the land, or ( b ) the Minister is in negotiation with the owner or occupier, as the case may be, to enter into a management agreement under section 18
the Principal Act, or ( c ) proceedings for the compulsory purchase
the lands are in train.
consent or the modification or revocation
a lease or licence results in the discontinuance
the use to which the land has been put by the person concerned in the period
5 years immediately preceding such refusal, modification, or revocation or in the curtailment
such use
land, compensation will not be payable where the proposed operation or activity would significantly adversely affect— ( a ) one or more specific natural habitat types in Annex I to the Habitats Directive or ( b ) one or more species or the habitats
these species in Annex II to the Habitats Directive, or ( c ) one or more species
bird or their habitat or other habitat specified in Article 4
the Birds Directive.
this Part, the Minister may make an order declaring that it would not be just and reasonable in the particular circumstances that payment
compensation should be prevented by the provisions
paragraph
the Government modifies or revokes a licence or lease to which Regulation 15
compensation should be prevented by the provisions
paragraph
a single payment or by way
a payment
an annual sum to a person having, or claiming to be entitled to an interest in or over the land on which the compensation is payable. PART III PROTECTION
FLORA AND FAUNA 21 Application
section 21 (protection
flora)
Principal Act 21. In the application
section 21
the Principal Act to species
flora set out in Part II
the First Schedule, paragraph (a) and (b)
subsection
such specimen, ( b ) purchase, sell, keep for sale, transport for sale or exchange,
fer for sale or exchange or be in possession
any such specimen whether alive or dead or the flowers, roots, seeds, spores or other part thereof,". 22 Application
section 45 (sale, purchase and possession
fauna restricted)
Principal Act 22. In the application
section 45
the Principal Act to species
fauna set out in Part I
the First Schedule, subsection
sale or exchange,
fer for sale or exchange, purchase for resale or exchange or engage in taxidermy in respect
fauna, at any stage
life, set out in Part I
the First Schedule to the European Communities (Natural Habitats) Regulations, 1997." 23 Protection
fauna set out in the First Schedule 23.
strict protection for the fauna consisting
the animal species set out in Part I
the First Schedule prohibiting— ( a ) all forms
deliberate capture or killing
specimens
those species in the wild, ( b ) the deliberate disturbance
those species particularly during the period
breeding, rearing, hibernation and migration, ( c ) where relevant, the deliberate destruction or taking
eggs
those species from the wild, ( d ) the deterioration or destruction
breeding sites or resting places
those species.
the species set out in Part I
the First Schedule— ( a ) deliberately captures or kills any specimen
these species in the wild, ( b ) deliberately disturbs these species particularly during the period
breeding, rearing, hibernation and migration, ( c ) deliberately takes or destroys the eggs from the wild, or ( d ) damages or destroys a breeding site or resting place
such an animal, shall be guilty
an
fence.
paragraph
life
fauna to which this Regulation applies.
fauna consisting
the animal species set out in Part I
the First Schedule, and, having regard to the information gathered, the Minister shall take further research or conservation measures as required to ensure that incidental capture and killing does not have a significant negative impact on the species concerned.
section 23
the Principal Act. 24 Measures to control the taking in the wild
fauna and flora species set out in Part II
the First Schedule 24.
any wild flora or fauna (to the extent, if any, specified therein) set out in Part II
the First Schedule, and ( b ) the Minister for the Marine, in respect
the fish species (to the extent, if any, specified therein) set out in paragraph
that Part, may each by direction take measures to ensure that the taking in the wild
specimens
species
wild fauna (including those fish species to the extent so specified, if any) and flora set out in that Part as well as their exploitation is compatible with their being maintained at a favourable conservation status.
paragraph
the taking
specimens in the wild and exploitation
certain populations, ( c ) the regulation by direction
either or both the periods and methods
taking
specimens, ( d ) application, when specimens are taken,
any other statutory provision relating 'to either or both hunting and fishing which take account
the conservation
such populations, ( e ) establishment
a system
licences for taking specimens or quotas, ( f ) such other directions as the Minister, or the Minister for the Marine in respect
the fish species stipulated in Part II
the First Schedule, consider appropriate.
the fish species stipulated in Part II
the First Schedule, shall publish or cause to be published in the Iris Oifigiúil a copy
every direction under this Regulation.
— ( a ) section 23
the Wildlife Act, 1976 , ( b ) Parts II, VI, VII, VIII, IX, XI, XVII, XVIII and XIX
, and paragraph 2
the Fifth Schedule to the Fisheries (Consolidation) Act, 1959 , ( c ) sections 28 , 29 and 33
the Fisheries (Amendment) Act, 1962 , ( d ) Parts IV and VI
the Fisheries Act, 1980 , and (e) the Foyle Fisheries Acts, 1952 to 1983.
an
fence, ( b ) In a prosecution for an
fence under subparagraph (a), it shall be a good defence for the accused to prove that he or she was not aware
the direction at the relevant time and that he or she could not reasonably be expected to have known
the direction at that time. 25 Derogations 25.
the populations
the species to which the Habitats Directive relates at a favourable conservation status in their natural range, the Minister may, in respect
those species, grant a licence to one or more persons permitting a derogation from complying with the requirements
the provisions
section 21
the Principal Act and Regulations 23 and 24 where it is— ( a ) in the interests
protecting wild fauna and flora and conserving natural habitats, or ( b ) to prevent serious damage, in particular to crops, livestock, forests, fisheries and water and other types
property, or ( c ) in the interests
public health and public safety, or for other imperative reasons
overriding public interest, including those
a social or economic nature and beneficial consequences
primary importance for the environment, or ( d ) for the purpose
research and education,
repopulating and re-introducing these species and for the breeding operations necessary for these purposes, including the artificial propagation
plants, ( e ) to allow, under strictly supervised conditions, on a selective basis and to a limited extent, the taking or keeping
certain specimens
the species to the extent (if any) specified therein, which are set out in the First Schedule.
the risk with, if appropriate, a reference to alternatives rejected and scientific data used; ( b ) the means, devices or methods authorised for the capture or killing
animal species and the reasons for their use; ( c ) the circumstances
when and where such derogations are granted; ( d ) the authority empowered to declare and check that the required conditions obtain and to decide what means, devices or methods may be used, within what limits and by what agencies, and which persons are to carry out the task; ( e ) the supervisory measures used and the results obtained. PART IV PLANNING AND DEVELOPMENT MATTERS 26 Amendment
Local Government (Planning and Development) Act, 1963 26. The Local Government (Planning and Development) Act, 1963 is hereby amended— ( a ) in Section 2— (i) by the insertion
the following after the definition
"appointed day": " 'the Birds Directive' means Council Directive No. 79/409/EEC
2 April 1979 on the conservation
wild birds,", (ii) by the insertion
the following after the definition
"environmental impact statement" (inserted by the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349
1989 ) ).: " 'European site' means— ( a ) a special area
conservation; ( b ) a site
Community importance which has been placed oil the list referred to in the third subparagraph
the Habitats Directive; ( c ) an area classified pursuant to paragraph
the Birds Directive;", and (iii) by the insertion
the following after the interpretation given to "functions": " 'the Habitats Directive' means Council Directive No. 92/43/EEC
21 May, 1992, on the conservation
natural habitats and
wild fauna and flora;", ( b ) in subsection
section 19— (i) by the insertion in paragraph (a)
the following after subparagraph (iv): "(v) for the conservation and protection
European sites in the area to which the development plan relates;", (ii) by the insertion in paragraph (b)
the following after subparagraph (iii): "(iv) for the conservation and protection
European sites in the area to which the development plan relates.", and ( c ) in Part IV
the Third Schedule, by the insertion
the following paragraph after paragraph 8— "8A. Protection
features
the landscape which are
major importance for wild fauna and flora in accordance with the Habitats Directive.". 27 Obligations
Local Authorities and an Bord Pleanála in granting planning permission 27.
a proposed development that is not directly connected with, or necessary to the management
, a European site but likely to have a significant effect thereon either individually or in combination with other developments, shall ensure that an appropriate assessment
the implications for the site in view
the site's conservation objectives is undertaken.
a proposed development prepared in accordance with a requirement
or under the Local Government (Planning and Development) Regulations, 1994 ( S.I. No. 86
1994 ), shall be an appropriate assessment for the purposes
paragraph
the Local Government (Planning and Development) Act, 1963 , and subject to paragraphs
the assessment to which paragraph
the European site concerned.
the European site concerned, the local authority or the Board, as the case may be, shall have regard to the manner in which it is proposed to be carried out or to any conditions or restrictions subject to which they propose that the permission should be given.
alternative solutions, decide to grant planning permission for a proposed development where such development has to be carried out for imperative reasons
overriding public interest.
overriding public interest shall include reasons
a social or economic nature: ( b ) If the site concerned hosts a priority natural habitat type
or priority species the only considerations
overriding public interest shall be— (
primary importance for the environment, or (iii) further to an opinion from the Commission to other imperative reasons
overriding public interest.
the Commission as to whether reasons are to be considered imperative reasons
overriding public interest, they shall refer the matter to the Minister for the Environment and the Minister for the Environment shall communicate with the Commission on behalf
the local authority or the Board and by notice shall convey the Commission's opinion to the local authority or the Board, as the case may be.
the Board's objectives under subsection
section 2
the Local Government (Planning and Development) Act, 1992 , to determine the appeal within a period
4 months or such other period as may be prescribed under paragraph (b)
that subsection, there shall not be included the period beginning on the day the matter is referred by the Board to the Minister for the Environment under that paragraph and ending on the day
receipt by the Board
notice by the Minister for the Environment
an opinion by the Commission on the matter.
section 26
the Local Government (Planning and Development) Act, 1963 , the appropriate period referred to in that subsection shall not, in a case in which a request is made to the Minister for the Environment under paragraph
receipt by the local authority concerned
notice by the Minister for the Environment
an opinion by the Commission on the matter.
these Regulations a planning authority or the Board, as the case may be, have granted permission in respect
a development within a European site and such development is considered by the Minister to have a significant adverse effect on the ecological features
the site that Minister may request the local authority or the Board to review the permission in accordance with the provisions
this Regulation and the local authority or the Board shall affirm, modify or revoke such permission depending on the results
the review. 28 Obligations
the Minister for the Environment in relation to local authority development where an environmental impact assessment is required 28.
which an application for the certification
the Minister for the Environment has been made in accordance with Article 123
the Local Government (Planning and Development) Regulations, 1994 is neither directly connected with nor necessary to the management
a European site but likely to have a significant effect thereon either individually or in combination with other developments, the Minister for the Environment shall ensure that an appropriate assessment
the implications for the site in view
the site's conservation objectives is undertaken.
a proposed development referred to in paragraph
this Regulation.
the assessment undertaken under paragraph
the European site concerned.
the European site concerned, the Minister for the Environment shall have regard to the manner in which the proposed development is being carried out or to any conditions or restrictions subject to which the proposed development is being carried out.
overriding public interest.
overriding public interest shall include reasons
a social or economic nature; ( b ) If the site concerned hosts a priority natural habitat type or a priority species, the only considerations
overriding public interest shall be— (
primary importance for the environment, or (iii) further to an opinion from the Commission to other imperative reasons
overriding public interest. 29 Obligations
local authorities in carrying out developments to which Part X
the Local Government (Planning and Development) Regulations, 1994 apply 29.
the Local Government (Planning and Development) Regulations, 1994, applies is neither directly connected with nor necessary to the management
a European site but likely to have a significant effect thereon, either individually or in combination with other developments, the local authority shall ensure that an appropriate assessment
the implications for the site in view
the site's conservation objectives is undertaken.
the assessment undertaken under paragraph
the European site concerned.
the European site concerned, the local authority, shall have regard to the manner in which it is proposed to carry out the proposed development or to any conditions or restrictions subject to which the proposed development is being carried out.
overriding public interest.
overriding public interest shall include reasons
a social or economic nature: ( b ) If the site concerned hosts a priority natural habitat type or a priority species, the only considerations
overriding public interest shall be— (
primary importance for the environment, or (iii) further to an opinion from the Commission to other imperative reasons
overriding public interest.
paragraphs
Regulation 27 shall apply. 30 Obligations
the Minister for the Environment in relation to road development by a road authority 30.
which an application for the approval
the Minister for the Environment has been made in accordance with section 51
the Roads Act, 1993 , is neither directly connected with nor necessary to the management
a European site but likely to have a significant effect thereon either individually or in combination with other developments, the Minister for the Environment shall ensure that an appropriate assessment
the implications for the site in view
the site's conservation objectives is undertaken.
section 51
the Roads Act, 1993 , in respect
a proposed road development referred to in paragraph
this Regulation.
the assessment undertaken under paragraph
the European site concerned.
the European site concerned, the Minister for the Environment shall have regard to the manner in which the proposed development is being carried out or to any conditions or restrictions subject to which the approval is given.
overriding public interest.
overriding public interest shall include reasons
a social or economic nature; ( b ) If the site concerned hosts a priority natural habitat type or a priority species, the only considerations
overriding public interest shall be— (
primary importance for the environment, or (iii) further to an opinion from the Commission to other imperative reasons
overriding public interest. 31 Requirement for discharge by certain Ministers
the Government functions under certain enactments 31.
the enactments set out in Part I
the Second Schedule applies is neither directly connected with nor necessary to the management
a European site but likely to have a significant effect thereon, either individually or in combination with other operations or activities, and such operation or activity is to be undertaken by, or requires the concurrence, consent or approval (however expressed in the enactment)
any Minister
the Government, then that Minister shall ensure that an appropriate assessment
the implications for the site in view
the site's conservation objectives is undertaken.
an operation or activity referred to in paragraph
this Regulation.
the Government in carrying out powers and functions under any
the enactments set out in Part I
the Second Schedule shall undertake, concur, consent or approve
the operation or activity, having regard to the conclusions
the assessment undertaken under paragraph
the site concerned.
the site, a Minister
the Government shall have regard to the manner in which it is proposed to be carried out or to any conditions or restrictions subject to which that Minister proposes that the operation or activity is to be carried out.
the implications for the site and where a Minister
the Government is satisfied that there are no alternative solutions that Minister may undertake, or so concur, consent or approve
, an operation or activity where such operation or activity has to be carried out for imperative reasons
overriding public interest.
overriding public interest shall include reasons
a social or economic nature; ( b ) if the site concerned hosts a priority natural habitat type
a priority species, the only considerations
overriding public interest shall be— (
primary importance for the environment, or (iii) further to an opinion from the Commission to other imperative reasons
overriding public interest.
the enactments set out in Part I
the Second Schedule, the Minister
the Government concerned shall consult the Minister. 32 Obligations
local authorities, An Bord Pleanála or the Environmental Protection Agency in the discharge
their powers and functions under certain enactments 32.
a licence or revised licence, as appropriate, under any
the enactments set out in Part II
the Second Schedule applies is neither directly connected with nor necessary to the management
a European site but likely to have a significant effect thereon either individually or in a combination with other operations or activities or established activities a local authority, the Board or the Environmental Protection Agency shall ensure that an appropriate assessment
the environmental implications for the site in view
the site's conservation objectives is undertaken.
an operation or activity referred to in paragraph
paragraph
the enactments set out in Part II
the Second Schedule, having regard to the conclusions
the assessment undertaken under paragraph
the European site concerned.
the European site concerned, the local authority, the Board, or the Environmental Protection Agency, as the case may be, shall have regard to the manner in which it is proposed to be carried out or to any conditions or restrictions subject to which they propose that the licence should be granted.
overriding public interest.
overriding public interest shall include reasons
a social or economic nature: ( b ) If the site concerned hosts a priority natural habitat type or a priority species, the only considerations
overriding public interest shall be— (
primary importance for the environment, or (iii) further to an opinion from the Commission to other imperative reasons
overriding public interest.
paragraphs
Regulation 27 shall apply as if the reference to the Board were a reference to the Environmental Protection Agency.
section 85
the Environmental Protection Agency Act, 1992 , the appropriate period referred to in that subsection shall not, in a case in which a request is made to the Minister for the Environment under paragraph
receipt by the Environmental Protection Agency
notice by the Minister for the Environment
an opinion by the Commission on the matter. 33 Compensatory measures (Part IV) 33. Where in accordance with Regulations 27
the implications for a European site, the Minister shall ensure that the necessary compensatory measures are taken to ensure that the overall coherence
Natura 2000 is protected. 34 Application to areas classified pursuant to the Birds Directive 34. The provisions
Regulations 4, 5, 7, 13, 14, 15 and 16 shall, where appropriate, apply with any necessary modifications to areas classified pursuant to paragraph 1 and 2
the Birds Directive PART V MISCELLANEOUS 35 Education and research 35. The Minister, shall— ( a ) promote education and general information on the need to protect species
wild flora and fauna and to conserve their habitats and natural habitats, ( b ) encourage the necessary research and scientific work for the purpose
meeting the requirements
the Habitats Directive with particular attention to scientific work necessary for the implementation
Articles 4 and 10
that Directive; ( c ) supply information, where appropriate, for the purpose
proper co-ordination
research carried out at Member State and Community level to other Member States and the Commission. 36 Introduction
certain species 36.
certain native species specified in Annex IV to the Habitats Directive would contribute effectively to re-establishing those species at a favourable conservation status and thereby contribute to their conservation, the Minister may, after consultation with such other Ministers
the Government, local authorities or other bodies and individuals as the Minister considers appropriate, cause to be carried out the reintroduction
any
the native species so specified.
any non native species so as not to prejudice natural habitats within their natural range or the wild native fauna and flora. ( b ) The Minister shall publish or cause to be published in the Iris Oifigiúil a copy
every direction under this paragraph. 37 Reports 37.
expiry
the period laid down in Article 17
the Habitats Directive the Minister shall prepare a report on the implementation
the measures taken under that Directive.
the Habitats Directive as well as evaluation
the impact
those measures on the conservation status
the natural habitat types in Annex I and the species in Annex II to, and the main results
the surveillance referred to in Article 11
, the Habitats Directive. 38
fences by body corporate 38. Where an
fence under these regulations has been committed by a body corporate and it is proved to have been so committed with the consent or connivance
, or, to be attributable to any neglect on the part
any person who, when the
fence was committed, was a director, manager, secretary or other
ficer
the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty
an
fence and shall be liable to be proceeded against and punished as if guilty
the first-mentioned
fence. 39 Penalties 39. A person who is guilty
an
fence— ( a ) under Regulation 11 shall be liable on summary conviction to a fine not exceeding £1,000, or ( b ) under any other provision
these Regulations shall be liable on summary conviction to a fine not exceeding £1,500 or to 6 months imprisonment or to both. FIRST SCHEDULE FLORA AND FAUNA PART I Regulations 22, 23
1965 Air Navigation and Transport Act, 1965 No. 3
1945 Arterial Drainage Act, 1945 No. 14
1996 Dumping at Sea Act, 1996 No. 15
1959 Fisheries (Consolidation) Act, 1959 No. 1
1980 Fisheries Act, 1980 No. 12
1933 Foreshore Act, 1933 No. 17
1992 Foreshore Act, 1992 No. 30
1976 Gas Act, 1976 No. 9
1946 Harbours Act, 1946 No. 31
1940 Minerals Development Act, 1940 No. 12
1979 Minerals Development Act, 1979 No. 15
1995 Minerals Development Act, 1995 No. 7
1960 Petroleum and Other Minerals Development Act, 1960 PART II ENACTMENT REFERRED TO IN REGULATION 32 Regulation 32
1987 Air Pollution Act, 1987 No. 7
1992 Environmental Protection Agency Act, 1992 No. 21
1990 Local Government Water Pollution (Amendment) Act, 1990 No. 10
1996 Waste Management Act, 1996 No. 1
1977 Water Pollution (Amendment) Act, 1977 GIVEN under the
ficial Seal
the Minister, this 26th day
February, 1997. MICHAEL D. HIGGINS, Minister for Arts, Culture and the Gaeltacht. EXPLANATORY NOTE. These Regulations give effect to Council Directive 92/43/EEC on the conservation
natural habitats and
wild fauna and flora (Habitats Directive). The Regulations empower the Minister to designate special areas
conservation (endangered species and habitats
endangered species) as a contribution to an EU Community network to be known as NATURA 2000. The Regulations also place an obligation on the Minister, other Ministers
the Government, Local Authorities and other State Bodies to have regard to the provisions
the Regulations in carrying out their powers and functions under certain Enactments under their control. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government
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