S.I. No. 477/2011 - European Communities (Birds and Natural Habitats)

S.I. No. 477/2011 - European Communities (Birds and Natural Habitats) Regulations 2011. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2011 S.I. No. 477/2011 - European Communities (Birds and Natural Habitats) Regulations 2011. S.I. No. 477/2011 - European Communities (Birds and Natural Habitats) Regulations 2011. AmendmentsLeasuithe Download PDF Íoslódáil PDF PART 1: PRELIMINARY AND GENERAL 1. Citation 2. Interpretation 3. Service of notices PART 2: AUTHORISED OFFICERS 4. Appointment of Authorised Officers 5. Functions of Authorised Officers 6. Search warrant 7. Functions relating to off-road vehicles and recreational watercraft PART 3: CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES 8. Priorities for designation 9. Surveillance and monitoring 10. Identification of sites for consideration as sites of Community importance 11. Information on candidate sites of Community importance 12. Notification regarding candidate sites of Community importance 13. Objections relating to candidate sites of Community importance 14. Designation, amendment and de-designation of special areas of conservation 15. Identification and notification regarding candidate special protection areas 16. Classification: Notification regarding special protection areas 17. Objections relating to special protection areas 18. Designation, amendment and de-designation of classified special protection areas 19. Consultation initiated by the European Commission to add sites 20. Notifications from the European Commission of non-adoption of candidate sites of Community importance 21. Submissions by the public in relation to the selection, designation, classification, de-designation and protection of European Sites 22. Multiple status 23. Erection of notices 24. Management plans and agreements 25. Change of owner or occupier PART 4: ACTIVITIES, PLANS OR PROJECTS AFFECTING EUROPEAN SITES 26. Conservation objectives and measures to be undertaken by the Minister 27. Duties of public authorities relating to nature conservation 28. Ministerial Directions in respect of activities requiring consent 29. Ministerial Directions to control specified activities in specified places. 30. Derogation consents in relation to activities, plans or projects referred to in Regulations 28 and 29 31. Ministerial consents and referrals to An Bord Pleanála 32. Ministerial consents and referrals to the Minister for Agriculture, Fisheries and Food 33. Objections relating to Ministerial Directions 34. Review of Ministerial Directions 35. General provisions for the prevention of damage to European Sites 36. Restoration of land in a European Site following damage 37. Appeals to Appeals Officer 38. Injunctions 39. Threat response plans 40. Administrative agreements 41. Compensation PART 5: APPROPRIATE ASSESSMENT 42. Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites 43. Considerations of overriding public interest 44. Consent by public authorities 45. Compensatory measures 46. Review of existing plans 47. Assessments relating to the same subject matter 48. Minister’s advice and specific guidance PART 6: PROTECTION OF FLORA AND FAUNA 49. Prohibition on introduction and dispersal of certain species 50. Prohibition on dealing with and keeping certain species 51. Protection of fauna set out in the First Schedule 52. Protection of flora set out in the First Schedule 53. Measures to control the taking of fauna and flora species referred to in Part 2 of the First Schedule 54. Derogations — flora, fauna and habitats 55. Derogations — birds PART 7: MISCELLANEOUS 56. Miscellaneous amendments 57. Education and research 58. Introduction of certain species 59. Reports 60. Power of Minister to obtain information from public authorities 61. Retention of records 62. Veracity and completeness of information, data and declarations 63. General provisions regarding licences, etc. 64. Licenced wildlife dealer 65. Offence of inciting or aiding and abetting 66. Offences by Body Corporate 67. Offences and penalties 68. Prosecution of offences 69. Cost of prosecutions 70. Payment of fines to prosecuting authorities 71. Guidelines and codes of practice 72. Guidelines and codes of practice in criminal and civil proceedings 73. Revocations and savings 74. Transitional provisions in relation to Regulations 49 and 50 SCHEDULES S.I. No. 477 of 2011 EUROPEAN COMMUNITIES (BIRDS AND NATURAL HABITATS) REGULATIONS 2011 Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 27th September, 2011. WHEREAS, I, Jimmy Deenihan, Minister for Arts, Heritage and the Gaeltacht, in exercise of the powers conferred on me by section 3 of the Act of 1972 and for the purpose of giving effect to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 (which codifies Council Directive 79/409/EEC of 2 April 1979 (as amended)) and Council Directive 92/43/EEC of 21 May 1992 (as amended by Council Directive 97/62/EC of 27 October 1997, Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 2003, Council Directive 2006/105/EC of 20 November 2006 and as amended by Act of Accession of Austria, Sweden and Finland (adapted by Council Decision 95/1/EC, Euratom, ECSC), Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded and as amended by the Corrigendum to that Directive) hereby make the following Regulations: PART 1 PRELIMINARY AND GENERAL Citation 1.

(1)These Regulations may be cited as the European Communities (Birds and Natural Habitats) Regulations 2011.

(2)The Wildlife Act 1976 , the Wildlife (Amendment) Act 2000 , the Wildlife (Amendment) Act 2010 and these Regulations shall be construed together as one.

(3)These Regulations shall come into operation on 21 September 2011. Interpretation 2.

(1)In these Regulations, save where the context otherwise requires: “Act of 1972” means the European Communities Act 1972 , as inserted by section 2 of the European Communities Act 2007 and section 4 of the European Union Act 2009 ; “Act of 2000” means the Wildlife (Amendment) Act 2000 ; “activity” includes any operation or activity likely to impact on the physical environment or on wild flora or fauna or on the habitats of wild flora and fauna, other than— (

a)development requiring permission under Part 111 of the Planning and Development Act 2000 as amended, (
b)activities requiring the consent of the Minister for Agriculture, Fisheries and Food, under the European Communities (Environmental Impact Assessment) (Agriculture) Regulations 2011, (
c)activities to which the exercise of statutory power in favour of that activity, pursuant to Regulations made under the Act of 1972 or under any of the enactments set out in the Second Schedule of these Regulations, applies, or (
d)activities for which, under the Act of 1972, the function of giving or refusing consent for an activity, or deciding on its own behalf to carry out any activity, is assigned to a public authority and the activity is carried out with and in compliance with a consent given under the applicable regulations; “activity requiring consent” includes any activity that has, before the commencement date of these Regulations, been notified pursuant to Regulation 4

(3)(b) of the European Communities (Natural Habitats) Regulations 1997, any activity listed in Regulations made under the Act of 1972 for the purpose of designating a site as a special protection area or as a special area of conservation, and any activity in relation to which the Minister has given a Direction pursuant to Regulation 28 of these Regulations, as being an activity that requires the approval of the Minister or is covered by the consent of a public authority; “animal” includes any vertebrate or invertebrate animal and any species, hybrid, subspecies, breed, race, strain, sport, variety, or other infraspecific taxon of such an animal, and all stages of the biological cycle and resting stages thereof; “Appropriate Assessment” means Appropriate Assessment as referred to in Article 6

(3)of the Habitats Directive; “authorised officer” means a person standing appointed as an authorised officer under Regulation 4; “the Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 (which codifies Council Directive 79/409/EEC of 2 April 1979 (as amended)); “the Board” means An Bord Pleanála; “candidate site of Community importance” means— (

a)a site— (
i)in relation to which the Minister has given notice pursuant to Regulations under the Act of 1972 that he or she considers the site may be eligible for identification as a site of Community importance pursuant to Article 4 of the Habitats Directive, which notice may be amended in accordance with such Regulations under the Act of 1972, (
ii)that is included in a list transmitted to the European Commission in accordance with Article 4

(1)of the Habitats Directive, or (iii) that is added in accordance with Article 5 of the Habitats Directive, to the list transmitted to the European Commission pursuant to Article 4

(1)of the Habitats Directive, but only until the adoption in respect of the site of a decision by the European Commission in accordance with the procedure laid down in Article 21 of the Habitats Directive for the purposes of the third paragraph of Article 4

(2)of that Directive, or (

b)a site— (
i)which is subject to a consultation procedure in accordance with Article 5

(1)of the Habitats Directive, or (ii) in relation to which a Council decision is pending in accordance with Article 5

(3)of the Habitats Directive; “candidate special area of conservation” means a site that is a candidate site of Community importance or a site of Community importance; “candidate special protection area” means a site selected by the Minister under Regulation 15

(1)and includes a site notified for the purposes of Regulation 15

(5)and 15

(6)but only until notification is given pursuant to Regulation 16

(7)and 16

(8); “compensatory measures” means all measures referred to in Article 6

(4)of the Habitats Directive that are necessary to ensure that the overall coherence of Natura 2000 is protected in a case in which, in accordance with the said Article 6

(4), a plan or project is to proceed for imperative reasons of overriding public interest and may include the provision of compensatory habitats; “consent” includes any licence, permission, permit, derogation, dispensation, approval or other such authorisation granted by or on behalf of a public authority, relating to any activity, plan or project that may affect a European Site, and includes the process of adoption by a public authority of its own land use plans or projects; “conservation” means the implementation of appropriate measures to maintain and optimise natural habitats and the populations of species of wild fauna and flora at a favourable conservation status or to restore natural habitats or the populations of species to a favourable conservation status; “conservation objectives”, in relation to a European Site, means the maintenance and restoration of the habitat and species in respect of which the site has been identified as a European Site at favourable conservation status or their restoration to such favourable status, and shall include such particular objectives as the Minister may from time to time establish for those purposes under Regulation 26; “conservation status of a natural habitat” means the sum of the influences acting on a natural habitat and its typical species that may affect its long-term natural distribution, structure and functions as well as the long-term survival of its typical species; “conservation status of a species” means the sum of the influences acting on the species concerned that may affect the long-term distribution and abundance of its populations; “the Council” means the Council of the European Union; “delegate officer” means a member of An Garda Síochána not below the rank of Superintendent authorised in writing to perform functions under these Regulations otherwise performed by the Commissioner of An Garda Síochána; “the Department” means the Department of Arts, Heritage and the Gaeltacht; “the EIA Directive” means Council Directive No. 85/337/EEC of 27 June 1985 (as amended by Council Directive No. 97/11/EC of 3 March 1997 and Directive No. 2003/35/EC of the European Parliament and of the Council of 26 May 2003 and any Directive amending or replacing those Directives); “Environmental Impact Assessment” means an assessment carried out in accordance with the provisions of any enactment or Regulations made in connection with the EIA Directive; “European Site” means— (

a)a candidate site of Community importance, (
b)a site of Community importance, (
c)a candidate special area of conservation, (
d)a special area of conservation, (
e)a candidate special protection area, or (
f)a special protection area; “exclusive economic zone” has the meaning given to it by or under Section 87 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 ; “fauna” includes vertebrate and invertebrate animals; “favourable conservation status of a natural habitat” means the conservation status of a natural habitat when— (
a)its natural range and areas it covers within that range are stable or increasing, and (
b)the specific structure and functions which are necessary for its long-term maintenance exist and are likely to continue to exist for the foreseeable future, and (
c)the conservation status of its typical species is favourable; “favourable conservation status of a species” means the conservation status of a species when— (
a)population dynamics data on the species concerned indicate that it is maintaining itself on a long-term basis as a viable component of its natural habitats, and (
b)the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future, and (
c)there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis; “flora” includes seed plants, ferns and fern-allies, lycophytes, bryophytes, charophytes, green algae, brown algae, red algae, fungi, slime-moulds, lichens, actinomycetes and cyanobacteria; “foreshore” has the meaning assigned to it by the Foreshore Acts 1933 to 2011; “functions” include powers and duties; “habitat of a species” means an environment defined by specific abiotic and biotic factors, in which the species lives or upon which it depends at any stage of its biological cycle; “the Habitats Directive” means Council Directive 92/43/EEC of 21 May 1992 (as amended by Council Directive 97/62/EC of 27 October 1997, Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 2003, Council Directive 2006/105/EC of 20 November 2006 and as amended by Act of Accession of Austria, Sweden and Finland (adapted by Council Decision 95/1/EC, Euratom, ECSC), Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded and as amended by the Corrigendum to that Directive); “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 a dog or dogs and, except in sections 28 and 29 of the Principal Act, includes killing in the course of hunting and cognate words shall be construed accordingly and for the avoidance of doubt does not include the non-intrusive observation, monitoring and recording of wildlife, or actions carried out by an authorised officer or a member of An Garda Síochána in the performance of his or her duties and functions under these Regulations and “hunting” shall be construed accordingly; “inland waters” means any waters comprised in the internal or inland waters of the State; “land”, where the context admits, includes— (
a)any land, (
b)land covered by water including inland waters, (
c)estuarine waters, including fjords and sea-lakes, (
d)the foreshore, (
e)the territorial seas of the State, and the seabed and subsoil beneath those seas, (
f)the exclusive economic zone of the State, including the waters above its seabed and the seabed and ocean floor and subsoil beneath those waters, (
g)the seabed and ocean floor and subsoil situated in any area designated under section 2 of the Continental Shelf Act 1968 , (
h)caves and cliffs, and (
i)any premises that is not a private dwelling and in relation to the acquisition of 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; “list of candidate sites of Community importance” has the meaning assigned by Regulation 10

(3); “local authority” means a county council, a city council or a town council within the meaning of the Local Government Act 2001 and includes a sanitary authority, a water services authority, a planning authority and a road authority; “management agreement” means an agreement entered into by the Minister or another Minister of Government with a public authority or authorities or any other person or persons for the purposes of the Habitats Directive or the Birds Directive and may include, but is not limited to, an agreement entered into under section 18 of the Principal Act or an agri-environmental scheme; “Member State” means a Member State of the European Union; “the Minister” means the Minister for Arts, Heritage and the Gaeltacht; “mitigation” means a measure or a combination of measures that, in relation to Article 6

(3)of the Habitats Directive, has the effect of ensuring that a plan or project, individually or in combination with other plans or projects, will not have a significant effect on, or adversely affect the integrity of, a European Site; “NATURA 2000” means the European network of special areas of conservation under the Habitats Directive and special protection areas under the Birds Directive, provided for by Article 3

(1)of the Habitats Directive and, for the purposes of these Regulations, includes European Sites; “Natura Impact Statement” means a report comprising the scientific examination of a plan or project and the relevant European Site or European Sites, to identify and characterise any possible implications of the plan or project individually or in combination with other plans or projects in view of the conservation objectives of the site or sites, and any further information including, but not limited to, any plans, maps or drawings, scientific information or data required to enable the carrying out of an Appropriate Assessment; “natural habitats” means terrestrial, aquatic or marine areas distinguished by geographic, geological, abiotic and biotic features, whether entirely natural or semi-natural, including habitats that have developed as a consequence of human activity; “natural heritage area” means an area which has been designated as such by way of a Natural Heritage Order under Section 18 of the Wildlife (Amendment) Act 2000 , or that, pending a decision by the Minister under section 17 or 18 of that Act, is subject of a notice under section 16 of that Act; “object” includes any item, machine, vehicle, device, tool, material, matter, substance, aggregate, spoil, waste, container, compound or mixture, whether natural or man-made, or any part or portion thereof; “off-road vehicle” means— (

a)a mechanically propelled vehicle within the meaning of section 3 of the Road Traffic Act 1961 , (
b)a mechanically propelled vehicle that— (
i)has been designed and constructed for off-road use, (
ii)is intended or adapted for propulsion by a mechanical means, or by an electrical means or by a partly mechanical and a partly electrical means, and (iii) is capable of achieving vehicle propulsion, including a bicycle, tricycle, or quadricycle or continuous-track vehicle propelled by an engine or motor or with an attachment for propelling it by mechanical power, whether or not the attachment is being used, or (
c)a vehicle, cart, caravan, trap, sled or trailer of any type drawn by a horse or horses or other animal or animals, or (
d)a trailer of any type, sidecar, caravan, trailer tent or mobile home, and, without limiting the generality of the foregoing paragraphs (
a)and (b), includes, when designed or adapted or used for off-road use— (
i)a motorised quad bike, (
ii)a motorised trike, (iii) a scrambler, pit-bike, dirt-bike, trail-bike, motorcycle or related two wheel vehicle, (
iv)an all-terrain vehicle, (
v)a four-wheel drive vehicle, (
vi)a low-pressure tyre vehicle, (vii) an off-road go-cart or a buggy, (viii) a hovercraft, or (
ix)a snowmobile or powered sled, where such vehicle, as referred to in paragraphs (a), (b), (
c)or (d), is being used off the public road, but does not include— (I) a tramcar or other vehicle running on permanent rails, (II) a vehicle including a cycle with an attachment for propelling it by mechanical power not exceeding 400 kilogrammes in weight unladen adapted and used for invalids, (III) a lawn tractor, lawn truck or lawn mower, (IV) a motorised golf car, (V) a vehicle or machinery or equipment being lawfully used in the course of agriculture or any other occupational land use activity by the owner or occupier of the land or his or her servants or agents or co-workers, (VI) a state owned vehicle, being used for official purposes, or a vehicle being operated by An Garda Síochána, the Emergency Services or the Defence Forces, (VII) a vehicle being lawfully used for the purposes of maintaining electricity, gas, water or telecommunications utility services, or (VIII) a vehicle being used by an authorised officer in the performance of his or her duties or functions; “owner” in respect of an off-road vehicle means— (
a)in relation to a mechanically-propelled vehicle within the meaning of section 3 of the Road Traffic Act 1961 , the registered owner of the vehicle, (
b)in relation to a vehicle that— (
i)is a mechanically-propelled vehicle within the meaning of section 3 of the Road Traffic Act 1961 , or (
ii)is not a mechanically-propelled vehicle within the meaning of section 3 of the Road Traffic Act 1961 and which is the subject of a hire-purchase agreement or a lease, the person in possession of the off-road vehicle under the agreement or lease, or (
c)in relation to a vehicle that is neither a mechanically-propelled vehicle within the meaning of section 3 of the Road Traffic Act 1961 nor the subject of a hire-purchase agreement or a lease, the legal owner of the vehicle or, if the legal owner of the vehicle cannot be ascertained after reasonable enquiry, the person by whom the off-road vehicle is kept; “particulars of the candidate special protection areas” has the meaning assigned by Regulation 15

(2); “particulars of the special protection areas” has the meaning assigned by Regulation 16

(5); “person” has the meaning assigned to it by the Interpretation Act 2005 and for the avoidance of doubt includes any public authority; “plan”, subject to the exclusion, except where the contrary intention appears, of any plan that is a land use plan within the meaning of the Planning Acts 2000 to 2011, includes— (

a)any plan, programme or scheme, statutory or non-statutory, that establishes public policy in relation to land use and infrastructural development in one or more specified locations or regions, including any development of land or on land, the extraction or exploitation of mineral resources or of renewable energy resources and the carrying out of land use activities, that is to be considered for adoption or authorisation or approval or for the grant of a licence, consent, permission, permit, derogation or other authorisation by a public authority, or (
b)a proposal to amend or extend a plan or scheme referred to in subparagraph (a); “planning authority” has the meaning assigned by the Planning and Development Acts 2000 to 2011; “plant”, except in the expression “plant and equipment”, includes any seed plant, fern or fern-ally, lycophyte, bryophyte, charophyte, green alga, brown alga, red alga, fungus, slime-mould, lichen, actinomycete or cyanobacterium and any hybrid, subspecies, race, breed, strain, sport, variety, cultivar or other infraspecific taxon of such a plant or any living part thereof and all stages of the biological cycle, seeds, spores, resting stages, cuttings and propagules thereof; “plant and equipment” includes any workshop, works, factory or installation, the devices, equipment and machinery used for the purposes of such a facility, and any mobile or portable machinery and equipment; “premises” means any lands and includes any building or structure thereon; “Principal Act” means the Wildlife Act 1976 ; “priority natural habitat types” means those natural habitat types in danger of disappearance, which are present on the territory referred to in Article 2 of the Habitats Directive and for the conservation of which the Community has particular responsibility in view of the proportion of 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 those species referred to in Article 1(g)(
i)of the Habitats Directive for the conservation of which the Community has particular responsibility in view of the proportion of their natural range which falls within the territory referred to in Article 2 of the Habitats Directive and which are indicated in each case by an asterisk in Annex II to the Habitats Directive; “project”, subject to the exclusion, except where the contrary intention appears, of any project that is a development requiring development consent within the meaning of the Planning and Development Acts 2000 to 2011, includes— (
a)land use or infrastructural developments, including any development of land or on land, (
b)the extraction or exploitation of mineral resources, prospecting for mineral resources, turf cutting, or the exploitation of renewable energy resources, and (
c)any other land use activities, that are to be considered for adoption, execution, authorisation or approval, including the revision, review, renewal or extension of the expiry date of previous approvals, by a public authority and, notwithstanding the generality of the preceding, includes any project referred to at subparagraphs (a), (
b)or (
c)to which the exercise of statutory power in favour of that project or any approval sought for that project under any of the enactments set out in the Second Schedule of these Regulations applies; “public authority” means— (
a)a Minister of Government, (
b)a local authority, (
c)An Bord Pleanála, (
d)Environmental Protection Agency, (
e)the Commissioners of Public Works in Ireland, (
f)a harbour authority or a harbour company within the meaning of the Harbours Acts 1946 to 2009, (
g)Fáilte Ireland, (
h)Health Service Executive, (
i)a regional authority, (
j)Inland Fisheries Ireland, (
k)Geological Survey of Ireland, (
l)Teagasc, (
m)National Roads Authority, (
n)Radiological Protection Institute of Ireland, (
o)Electricity Supply Board, (
p)Commission for Energy Regulation, (
q)Port and Harbour Authorities including Port companies established under the Harbours Act 1996 , (
r)Dublin Docklands Development Authority, (
s)Waterways Ireland, (
t)Bord Na Móna, (
u)Coillte, (
v)Health and Safety Authority, (
w)Bord Gáis, (
x)Marine Institute, (
y)Bord Iascaigh Mhara, (
z)Eirgrid, (
aa)a Board or other Body (but not including a company under the Companies Acts) established by or under statute, (
bb)a company under the Companies Acts, in which all the shares are held— (
i)by or on behalf of or jointly with a Minister of Government, (
ii)by directors appointed by a Minister of Government, or (iii) by a board, company or other body referred to in paragraph (
f)or subparagraph (bb)(
i)or (bb)(ii), (
cc)a planning authority; “public notice” means any notice issued by way of national newspapers or other such publications, broadcast media or internet or otherwise displayed openly in the public domain; “recreational watercraft” means any boat or craft of any type intended for sports and leisure purposes and includes a hovercraft and any vessel which uses an internal combustion engine having a water jet pump as its primary source of propulsion, but does not include any watercraft being used for rescue or emergency purposes or for law enforcement purposes or by an authorised officer in the performance of his or her duties or functions or a watercraft being lawfully used in the course of agriculture or the management of fisheries or any other lawful occupational land use activity by the owner or occupier of the land or his or her servants or agents or co-workers; “road authority” has the meaning assigned by the Roads Act 1993 (apart from Part V of that Act); “sanitary authority” has the meaning assigned by the Local Government (Water Pollution) Act 1977 ; “the SEA Directive” means Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment; “site of Community importance” means a site which has been adopted by the European Commission as a site of Community importance pursuant to the third subparagraph of Article 4

(2)of the Habitats Directive in accordance with the procedure laid down in Article 21 of that Directive, or has been selected as a site of Community importance pursuant to a decision of the Council made in accordance with Article 5

(3)of the Habitats Directive; “special area of conservation” means a site of Community importance designated by a Member State pursuant to Article 4

(4)of the Habitats Directive 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, of either or both the natural habitats and the populations of the species for which the site is designated; “special protection area” means an area classified pursuant to Article 4

(1)or 4

(2)of the Birds Directive as a special protection area; “statutory declaration” means a statutory declaration within the meaning of the Statutory Declarations Act 1938 ; “territorial seas” has the meaning given to it by section 82 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 ; “vehicle” means any conveyance in or by which any person or thing, or both, is transported which is designed for use on land, or in water or in the air, or in more than one of those ways, and includes— (

a)part of a vehicle, (
b)an article designed as a vehicle but not capable of functioning as a vehicle, (
c)a skip or other container designed for use or used for carriage on a vehicle, or (
d)a trailer or caravan designed for use or used with a vehicle; “water services authority” has the meaning assigned by the Water Services Act 2007 ; “works” includes any intervention impacting on the physical environment.

(2)A word or expression that is used in these Regulations and is also used in the Birds Directive or in the Habitats Directive shall, unless the contrary intention is expressed, have in these Regulations the meaning that it has in the Birds Directive or in the Habitats Directive.

(3)In these Regulations— (

a)a reference to a Part, Regulation or Schedule is to a Part or Regulation of, 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 of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(4)In these Regulations, save where the context otherwise requires, a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment including these Regulations. Service of notices 3.

(1)Any notice, other than a public notice, or other document or thing, required to be served or given by, or under, these Regulations shall, subject to paragraphs

(2)and

(3), be addressed to the person concerned and served or given in any of the following ways— (

a)by addressing it to the person by name and delivering it to him or her, (
b)by leaving it at the address at which the person ordinarily resides or carries on business, (
c)by sending it in a letter by prepaid post addressed to him or her at the address at which he or she ordinarily resides or carries on business, (
d)if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid post addressed to him or her to that address, or (
e)by serving it on a person who is carrying out, supervising or directing works to which the notice relates.

(2)Where the name of any of the persons concerned has not been ascertained after reasonable inquiry, or where it is not certain that the names of all such persons have been ascertained after such enquiry, or where it has not proved possible to deliver a notice to any such person, a notice under these Regulations may, where probable addresses are known, be addressed to— (

a)the owner, (
b)the occupier, (
c)the person in charge, (
d)the manager, (
e)the works manager or contractor, (
f)the owner or holder of turbary rights, mineral exploration rights, fishery rights, sporting rights or such other rights, as appropriate, or to all or any of such addressees at any address where the Minister believes such a person may ordinarily reside or carry out his business or that he or she may be using as an office or place of business for the time being.

(3)Upon serving or giving a notice in accordance with paragraph

(1)or

(2)of these Regulations, appropriate public notice may be given, and where such public notice has been given, that public notice shall constitute due notice to any person concerned who has not received or claims not to have received a notice pursuant to paragraph

(1)or

(2), and to all other persons, and the date of the first publication of such public notice shall be the date of such notice.

(4)Following the giving of public notice pursuant to paragraph

(3), it shall not be a defence in prosecutions arising under these Regulations for a person to claim that he or she did not receive due notice pursuant to paragraph

(1)or

(2), or was not informed of such notice.

(5)For the purpose of this Regulation a company registered under the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(6)The validity of a notice served on a person under these Regulations is not affected by the failure to serve it on every person to whom the notice under these Regulations is to be directed.

(7)The provisions of Section 3 of the Principal Act shall not apply in a case to which these Regulations apply. PART 2 AUTHORISED OFFICERS Appointment of Authorised Officers 4.

(1)The Minister or, with the Minister’s consent, any other Minister of Government, may appoint in writing one or more persons, as he or she considers appropriate, to be an authorised officer or authorised officers for the purposes of ensuring compliance with these Regulations, or any part thereof, and the Minister may, should he or she consider it warranted for the purposes of this Regulation, give general consent to any other Minister of Government to appoint, in writing, persons to be authorised officers, and said Minister of Government shall notify the Minister of each appointment made under the general consent.

(2)(a) A certificate of appointment as an authorised officer shall be issued to every person appointed under paragraph

(1). (b) Whenever a person is exercising any function conferred on him or her as an authorised officer such person shall, if requested by a person affected, produce evidence of his or her appointment as an authorised officer to the person so requesting.

(3)The appointment of a person as an authorised officer may at any time be terminated by the Minister or such other Minister, as described in paragraph

(1), whichever of them appointed the person, whether or not the appointment was for a fixed period.

(4)An appointment as an authorised officer shall cease— (a) where the Minister or such other Minister, as described in paragraph

(1), terminates it pursuant to paragraph

(3), or (

b)where it is for a fixed period, on the expiry of that period, or (
c)where the person appointed is an officer of the Minister or such other Minister, as described in paragraph

(1), or of a public authority, upon he or she ceasing to be such an officer.

(5)Nothing in paragraph

(4)shall be construed so as to prevent the Minister, or such other Minister, in accordance with paragraph

(1), from re-appointing, with the Minister’s consent, as an authorised officer a person to whom that paragraph relates.

(6)An appointment of an authorised officer pursuant to Regulation 7 of the European Communities (Natural Habitats) Regulations 1997 that was in force immediately prior to the commencement of these Regulations is deemed to be an appointment under this Regulation, and paragraphs

(2)(b),

(3),

(4)and

(5)shall apply to such an appointment.

(7)Failure by a Minister of Government to notify the Minister of an appointment pursuant to paragraph

(1)shall not invalidate that appointment or anything done, for the purposes of these Regulations, by that authorised officer following his or her appointment.

(8)A certificate of appointment as described in paragraph

(2)(a) shall, for the purposes of these Regulations, constitute any consent required to be given by the Minister or any other Minister of Government under these Regulations or the Principal Act, to enable the authorised officer lawfully to carry out his or her functions under these Regulations. Functions of Authorised Officers 5.

(1)An authorised officer may, as specified in his or her certificate of appointment, for any purpose connected with these Regulations— (

a)undertake surveillance of the natural habitats referred to in Article 2 of the Habitats Directive or of the species referred to in Article 1 of the Birds Directive or in Article 2 of the Habitats Directive or of the habitats of those species, or of the conservation status of the habitats and species referred to in this subparagraph, (
b)undertake surveillance for the purpose of the preparation of a list of candidate sites of Community importance by virtue of Regulation 10

(1)or of any proposed modification of any such list by virtue of Regulation 10

(4)or of any proposed addition to any such list by virtue of Regulation 19, (

c)undertake surveillance for the purpose of the preparation of the particulars of the candidate special protection areas or special protection areas by virtue of Regulation 15 or of any proposed modification of any such particulars, (
d)undertake surveillance for the purpose of establishing whether or not these Regulations are being, and have been, complied with, (
e)undertake surveillance generally for the purposes of giving effect to the Habitats Directive and the Birds Directive, (
f)enter and inspect any land or premises for the purposes of performing any of his or her functions under these Regulations or of obtaining any information which he or she may require for such purposes, (
g)enter on to any land to gain access to or entry to any other land or to any premises for the purposes of performing any of his or her functions under these Regulations or of obtaining any information which he or she may require for such purposes, (
h)at all reasonable times, or at any time if he or she has reasonable grounds for believing that there is or may be a risk to the conservation status of the natural habitats or species referred to in Article 2 of the Habitats Directive or Article 1 of the Birds Directive, or that an offence under these Regulations has been, is being or is about to be committed at any lands or premises, or that evidence of any such offence is to be found at any lands or premises, enter any such lands or premises and bring onto those lands or premises such other persons, including a member of An Garda Síochána, or equipment or materials, as he or she may consider necessary, (
i)at any time if he or she has reasonable grounds for suspecting there may be a risk to the conservation status of the natural habitats or species referred to in Article 2 of the Habitats Directive or Article 1 of the Birds Directive or the integrity of a European Site, or that an offence under these Regulations has been, is being or is about to be committed, involving the use of any vehicle, (
i)halt and or board that vehicle or the vehicle by which that vehicle is transported, and (
ii)require the driver of the vehicle or the vehicle by which that vehicle is transported to take the vehicle or vehicles to a place specified by the authorised officer, and such vehicle or vehicles may be detained at that place by the authorised officer for such period as he or she may consider necessary, or (
j)at any time if he or she has reasonable grounds for suspecting that a person’s activities may be a risk to the conservation status of the natural habitats or species referred to in Article 2 of the Habitats Directive or Article 1 of the Birds Directive, or that an offence under these Regulations has been, is being or is about to be committed by a person— (
i)inform the person of any offence the authorised officer considers might arise from the aforesaid activities, (
ii)inform the person of any of the requirements of these Regulations, the Birds Directive or the Habitats Directive, or (iii) request information from the person in relation to the aforesaid activities.

(2)An authorised officer shall not enter into a private dwelling under this Regulation unless one of the following conditions applies— (

a)the entry is effected with the consent of the occupier, or (
b)the entry is authorised by a warrant issued under Regulation 6.

(3)For the purposes of these Regulations, an authorised officer may, subject to paragraph

(2), enter any premises or enter on to any lands.

(4)Whenever an authorised officer enters on to any lands or any premises or boards any vehicle pursuant to these Regulations, he or she may do all things reasonably necessary for the purpose for which the entry is made and including, but not limited to, any of the following— (

a)carry out an inspection, (
b)carry out surveillance and examinations of the relevant natural habitats or species, (
c)take photographs, record information on data loggers, make tape, electrical, digital, video or other recordings, (
d)carry out tests and make copies of documents, including records kept in electronic form, found therein and take samples, (
e)monitor any emission or effluent, including trade effluent or emissions or other matter, which is emitted, contained in or discharged from the lands or premises, (
f)monitor noise and light emission and vibration, (
g)monitor air quality, (
h)carry out surveys, take samples, take levels, make excavations and carry out examinations of depth and nature of soil, subsoil or waters, (
i)examine any plant and equipment or other object on the lands or premises, (
j)examine any plant, animal or habitat on the lands or premises, (
k)monitor, examine or inspect preventive or remedial works being carried out on the lands or premises, (
l)require that the lands, premises or vehicle or any part of the lands or premises or anything in or on the lands or premises or vehicle shall be left undisturbed for a specified period, (
m)request information from an occupier of the lands or premises, of any occupant of the vehicle or any person employed on the lands or premises or any other person on the lands or premises, (
n)request the production of, or inspect, documents or records, including documents or records held in electronic form, or take copies of or extracts from any documents or records, (
o)remove and retain documents and records, including documents and records held in electronic form, for such period as may be reasonable for further examination, which the authorised officer, having regard to all the circumstances, considers necessary for the purposes of exercising any of his or her functions under these Regulations, (
p)remove and retain any object or plant or animal for such period as may be reasonable for further examination or for use in proceedings, or both, which the authorised officer, having regard to all the circumstances, considers necessary for the purposes of exercising any of his or her functions under these Regulations, (
q)as appropriate, take, remove or destroy specimens or populations of plants or animals or vectors listed in the Third Schedule, and (
r)do anything that any of these Regulations provide that an authorised officer shall do or may do, and do anything incidental to doing such a thing or things.

(5)Any certificate or other evidence given, or to be given, in respect of any test, examination or analysis of any sample under this Regulation shall, in relation to that sample, be evidence, without further proof, of the result of the test, examination or analysis unless the contrary is shown.

(6)A person shall not— (a) subject to paragraph

(2), refuse to allow an authorised officer to enter any lands or premises or board any vehicle or to bring any person or equipment with him or her in the exercise of his or her functions, (

b)obstruct or impede an authorised officer in the exercise of any of his or her functions, (
c)give to an authorised officer information which is to his or her knowledge false or misleading in a material respect, or (
d)without reasonable excuse, fail or refuse to comply with any requirement or instruction of an authorised officer.

(7)(a) A person who fails to comply with subparagraph

(6)(a) or

(6)(

d)shall be guilty of an offence. (
b)A person who fails to comply with subparagraph

(6)(b) or

(6)(c) shall be guilty of an offence.

(8)(

a)An authorised officer may, in the exercise of any function conferred on him or her by these Regulations involving the removal of any vehicle or any other object or animal or plant or the bringing of any such thing to any place, or where he or she anticipates any obstruction in the exercise of any other function conferred on him or her by these Regulations, request An Garda Síochána to assist him or her in the exercise of such a function. (
b)The Minister may request the assistance of An Garda Síochána in relation to any matter arising from these Regulations as he or she considers appropriate.

(9)Where an authorised officer or member of An Garda Síochána has reasonable cause to suspect that a person has committed an offence under these Regulations he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.

(10)Where a person refuses or fails to give his or her name and address to an authorised officer or a member of An Garda Síochána when required under paragraph

(9), or gives to the member or authorised officer a name or address that is false or misleading, that person shall be guilty of an offence.

(11)A member of An Garda Síochána may arrest without a warrant a person who fails or refuses to give his or her name and address when demanded under paragraph

(9)or gives a name or address which the member has reasonable grounds for believing is false or misleading.

(12)Where a member of An Garda Síochána has reasonable cause to suspect that a person has committed an offence under these Regulations the member may without warrant arrest the person.

(13)Nothing in this Regulation shall be taken to compel the production by any person of a record which he or she would be exempt from producing in proceedings in a court on the ground of legal professional privilege.

(14)In the performance of his or her duties under these Regulations, an authorised officer shall have due regard to all reasonable health and safety considerations.

(15)An authorised officer shall not be personally liable in any civil or criminal proceedings for anything done in the purported exercise of his or her functions under these Regulations if the court is satisfied that the act was reasonable and was done in good faith.

(16)In this Regulation— “record” includes, in addition to a record in writing— (

a)a disc, tape, sound-track or other device, including an electronic device, in which information, sounds or signals are embodied so as to be capable, with or without the aid of some other instrument, of being reproduced in legible or audible form, (
b)a film, tape or other device, including an electronic device, in which visual images are embodied so as to be capable, with or without the aid of some other instrument, of being reproduced in visual or audio-visual form, and (
c)a photograph, and any reference to a copy of a record includes— (
i)in the case of a record to which subparagraph (
a)applies, a transcript of the sounds or signals embodied in it, (
ii)in the case of a record to which subparagraph (
b)applies, a reproduction of the images embodied in it, and (iii) in the case of a record to which subparagraphs (
a)and (
b)apply, such a transcript together with such a reproduction. Search warrant 6.

(1)Where an authorised officer in the exercise of his or her functions under Regulation 5 is prevented from entering any lands or premises or vehicle, or wishes to enter a private dwelling, or if the authorised officer has reason to believe that evidence related to a suspected offence under these Regulations may be present in any lands or premises and that the evidence may be removed therefrom or destroyed, or if the authorised officer has reason to believe that there is a significant immediate risk to— (

a)the conservation status of the natural habitats or species referred to in Article 2 of the Habitats Directive, (
b)the conservation status of the natural habitats or species referred to in Article 1 of the Birds Directive, or (
c)the integrity of a European Site, the authorised officer or the Minister by whom he or she was appointed may apply to the District Court for a warrant under this Regulation authorising the entry by the authorised officer onto or into the lands or premises.

(2)Where an application pursuant to paragraph

(1)is made, the authorised officer or the Minister by whom he or she was appointed shall, in applying for the warrant, give notice of such application to An Garda Síochána where he or she believes that the assistance of a member of An Garda Síochána may be required in the execution of said warrant.

(3)If, on application being made to the District Court under this Regulation, the District Court is satisfied on the sworn information of the authorised officer that he or she has been prevented from entering lands or premises, the court may issue a warrant authorising that person, accompanied, if the court deems it appropriate, by another authorised officer or a member of An Garda Síochána as may be specified in the warrant, at any time or times within one month from the date of the issue of the warrant, on production of the warrant, if so requested, to enter the lands or premises concerned and exercise the functions referred to in Regulation 5. Functions relating to off-road vehicles and recreational watercraft 7.

(1)Where an authorised officer appointed under Regulation 4 or a member of An Garda Síochána has reason to believe that a person is committing or has committed an offence under Regulation 29 relating to the operation or use of any off-road vehicle or recreational watercraft, the authorised officer or the member of An Garda Síochána— (

a)may require of the person his or her name and address, (
b)may instruct the person to leave the land or water concerned, (
c)may instruct the person to remove from the land or water any off-road vehicle or recreational watercraft that belongs to the person or that is under his or her control, and (
d)shall inform the person of the nature of the offence in respect of which it is suspected that person has been involved and the statutory consequences of failing to comply with a requirement or instruction under this paragraph.

(2)Where a person— (a) refuses or fails to give his or her name and address to an authorised officer or a member of An Garda Síochána when required under paragraph

(1), (

b)gives to the authorised officer or the member of An Garda Síochána a name or address that is false or misleading, or (
c)fails to comply with a instruction under paragraph

(1), he or she shall be guilty of an offence.

(3)A member of An Garda Síochána may arrest without warrant a person— (a) who fails or refuses to give his or her name and address when required under paragraph

(1)or gives a name or address which the member has reasonable grounds for believing is false or misleading, (b) who fails to comply with an instruction given under paragraph

(1), or (c) whom the member has reason to believe has been committing an offence under Regulation 29 relating to the operation or use of any off-road vehicle or recreational watercraft, or under paragraph

(4)(b) or

(4)(e).

(4)(a) Where a person fails to comply with an instruction under paragraph

(1), an authorised officer or a member of An Garda Síochána may remove or cause to be removed any off-road vehicle or recreational watercraft which the authorised officer or the member of An Garda Síochána has reason to believe was brought onto or placed on the land or brought onto or placed in or on water in contravention of Regulation 29 and may store or cause to be stored such off-road vehicle or recreational watercraft so removed. (

b)Any person who obstructs, impedes or assists a person to obstruct or impede an authorised officer or a member of An Garda Síochána in the performance of his or her duty under this Regulation shall be guilty of an offence. (
c)Where an off-road vehicle or recreational watercraft has been removed under this Regulation any person claiming to own, occupy, control or otherwise retain it, or any person the Minister or the Garda Commissioner or delegate officer has reason to believe may own it, the Minister or the Garda Commissioner or delegate officer shall serve or cause to be served upon each such person whose name and address can be ascertained by reasonable enquiry, a notice informing the person where the off-road vehicle or recreational watercraft may be claimed and recovered, requiring the person to claim and recover it within one month of the date of service of the notice and informing him or her of the statutory consequences of his or her failure to do so. (
d)An off-road vehicle or recreational watercraft removed and stored under this Regulation shall be given to a person claiming possession of the off-road vehicle or recreational watercraft if, but only if, he or she makes a declaration in writing that he or she is the owner of the off-road vehicle or recreational watercraft or is authorised by its owner to claim it or is, for a specified reason, otherwise entitled to possession of it and gives an undertaking that the off-road vehicle or recreational watercraft will not subsequently be used in contravention of these Regulations and, at the discretion of the Minister or the Garda Commissioner or delegate officer, the person pays the amount of any expenditure reasonably incurred in removing and storing the off-road vehicle or recreational watercraft. (
e)Any person who makes a declaration under subparagraph (
d)knowing or believing that declaration to be false shall be guilty of an offence. (
f)The Minister or the Garda Commissioner or delegate officer may dispose of, or cause to be disposed of, an off-road vehicle or recreational watercraft removed and stored under this Regulation if— (
i)the owner of the off-road vehicle or recreational watercraft fails to claim it and remove it from the place where it is stored within one month of the date on which a notice under subparagraph (
c)was served on him or her, or (
ii)the name and address of the owner of the off-road vehicle or recreational watercraft cannot be ascertained by reasonable enquiry. (
g)Where the Minister or the Garda Commissioner or delegate officer becomes entitled to dispose of, or cause to be disposed of, an off-road vehicle or recreational watercraft under subparagraph (
f)and the off-road vehicle or recreational watercraft is, in his or her opinion, capable of being sold, the Minister or the Garda Commissioner or delegate officer shall be entitled to sell or cause to be sold the off-road vehicle or recreational watercraft for the best price reasonably obtainable and upon doing so shall pay or cause to be paid to the person who was the owner of the off-road vehicle or recreational watercraft at the time of its removal, where the name and address of the owner can be ascertained by reasonable enquiry, a sum equal to the proceeds of such sale after deducting therefrom any expenditure reasonably incurred in its removal, storage and sale. (
h)Where the identity of the owner has not been ascertained after reasonable enquiry and the off-road vehicle or recreational watercraft is sold pursuant to subparagraph (
g)the Minister or the Garda Commissioner or delegate officer, having deducted the sum of any expenditure reasonably incurred in the removal of the off-road vehicle or recreational watercraft, its storage and sale, may retain the deducted sum and the remainder shall be forfeited to the State. (
i)No liability shall attach to the State, the Minister or to An Garda Síochána, or to an authorised officer or a member of An Garda Síochána, in relation to any damage caused to a vehicle or watercraft in the course of its removal, storage or disposal under this Regulation.

(5)For the purposes of paragraph

(4), where a member of An Garda Síochána has removed or caused to be removed any off-road vehicle or recreational watercraft, a member of An Garda Síochána may make arrangement for the transfer of that vehicle or watercraft to an authorised officer for storage and, following such transfer, the Minister shall, in consultation where appropriate with the Garda Commissioner or delegate officer or other member of An Garda Siochána, carry out, as appropriate, the functions in relation to the off-road vehicle or recreational watercraft set out in that paragraph.

(6)The provisions of this Regulation are without prejudice to the exercise of the powers conferred by Regulation 35 in damage to European Sites. PART 3 CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES Priorities for designation 8. The Minister shall establish priorities for the designation of sites, pursuant to Regulations 14 and 18, in the light of— (

a)the importance of the sites for the maintenance or restoration at a favourable conservation status of— (
i)a natural habitat type or types in Annex I to the Habitats Directive, (
ii)a species in Annex II to the Habitats Directive, (
b)the conservation status of natural habitat types and or priority species, (
c)the coherence of Natura 2000, and (
d)the threats of degradation or destruction to which those sites are exposed. Surveillance and monitoring 9.

(1)Subject to paragraph

(2), the Minister shall undertake or cause to be undertaken surveillance and monitoring of the conservation status of the natural habitats and species referred to in Article 2 of the Habitats Directive with particular regard to priority natural habitat types and priority species.

(2)Any Minister of Government having responsibilities in respect of the fish species specified in any of the annexes of the Habitats Directive, and to the extent, if any, specified therein, shall undertake or cause to be undertaken surveillance and monitoring of the conservation status of the said fish species and their natural habitats referred to in Article 2 of the Habitats Directive with particular regard to priority natural habitat types and priority species.

(3)The Minister shall undertake, or cause to be undertaken, surveillance and monitoring of European Sites.

(4)The Minister shall take account of the surveillance and monitoring referred to in paragraphs

(1),

(2)and

(3)in any modification of the list transmitted to the European Commission under Regulation 13

(5).

(5)The Minister shall undertake or cause to be undertaken surveillance and monitoring of the conservation status of the habitats and species referred to in Article 1 of the Birds Directive.

(6)The Minister shall identify threats to— (

a)the conservation status of the natural habitats and species referred to in Article 2 of the Habitats Directive, (
b)bird species referred to in Article 1 of the Birds Directive, and (
c)the integrity of the European Site or Sites, for the purpose of developing such measures as he or she considers necessary including, where appropriate, threat response plans under Regulation 39.

(7)Except in cases in which the Minister determines that the publication of such a report would pose a risk to a European Site or to species or habitats, any reports that are prepared by or on behalf of the Minister that reach conclusions regarding the conservation status of species, habitats or European Sites based on surveillance undertaken as referred to in paragraphs

(1)and

(2), shall be made publicly available as soon as possible on the Department’s website.

(8)Subject to Regulation 53

(3), the Minister may by licence authorise a person to disturb, take, trap, sample, tag or take samples from birds or animals or to take samples or specimens of plants or to carry out investigations on European Sites where he or she considers it to be necessary or appropriate for the purpose of meeting his or her responsibilities or those of another Minister of Government or public authority under Article 10 of the Birds Directive or Articles 11 and 18 of the Habitats Directive and he or she is fully satisfied— (

a)that there is no satisfactory alternative and such authorisation is not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range, (
b)that it is in the interest of protecting wild fauna and flora and conserving natural habitats or for the purposes of research and education, of re-populating and re-introducing these species and for the breeding operations necessary for these purposes, including the artificial propagation of plants, and (
c)that he or she is satisfied that it will not affect the integrity of a European Site.

(9)A licence given by the Minister under paragraph

(8)shall be subject to such conditions, restrictions and limitations as the Minister shall consider appropriate and specifies in the licence.

(10)A person may lawfully do anything authorised by a licence under this Regulation notwithstanding any provision of the Wildlife Acts 1976 to 2010 and for the avoidance of doubt shall not require a licence under those Acts to do anything so authorised.

(11)A licence under this Regulation shall be called a “research and monitoring licence”.

(12)The Minister may at any time amend or revoke a licence given under this Regulation or amend or add to its conditions, restrictions and limitations.

(13)A person who contravenes any of the conditions, restrictions or limitations specified in a licence given under this Regulation, if applicable, as amended or added to under paragraph

(12), shall be guilty of an offence. Identification of sites for consideration as sites of Community importance 10.

(1)The Minister shall, for the purpose of identifying sites for consideration as sites of 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 of sites indicating in respect of 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.

(2)(

a)For animal species ranging over wide areas, these sites shall correspond to the places within the natural range of such species which present the physical or biological factors essential to their life and reproduction. (
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.

(3)A list of sites referred to in paragraph

(1)which, for the avoidance of doubt, includes the indication referred to in subparagraphs

(1)(a) and

(1)(b), is in these Regulations referred to as a “list of candidate sites of Community importance”.

(4)Where appropriate, the Minister may modify the list of candidate sites of Community importance having regard to the surveillance carried out pursuant to Regulation 9 or if he or she receives a request that a site be included in the list.

(5)A list of candidate sites of Community importance which is modified under paragraph

(4)is in these Regulations referred to as a “modified list of candidate sites of Community importance”.

(6)The Minister may invite any person or body, or the public in general, to submit to him or her, within a specified period, being not less than four weeks from the date of the invitation, written representations regarding any specified issue or issues relating to the identification of sites for consideration as sites of Community importance.

(7)The Minister shall transmit the list of candidate sites of Community importance and any modified list of candidate sites of Community importance to the European Commission. Information on candidate sites of Community importance 11.

(1)The Minister shall compile information on each candidate site of Community importance including— (

a)an ordnance map of appropriate scale, upon which the boundaries of the site are marked, so as to identify the land comprising the site and the boundaries thereof, (
b)its name, location and extent, (
c)the data resulting from application of the criteria specified in Annex III, Stage I, to the Habitats Directive, and (
d)the scientific and legal criteria and rationale for the identification of the site as a candidate site of Community importance.

(2)The information compiled pursuant to paragraph

(1)(c) and

(1)(d) shall constitute “the special conservation interests” for the site.

(3)The information compiled under paragraph

(1)shall be made available in a readily accessible format, for inspection by members of the public by appointment during office hours of the Department and in electronic form on the Department’s website, as soon as is practicable. Notification regarding candidate sites of Community importance 12.

(1)The Minister shall cause a copy of— (

a)the particulars of candidate sites of Community importance, or any modifications thereof, and (
b)particulars of any site subject to a consultation procedure in accordance with Article 5

(1)of the Habitats Directive, together with a copy of the information compiled pursuant to Regulation 11 to be sent to— (

i)the Minister for the Environment, Community and Local Government, (
ii)the Minister for Agriculture, Fisheries and Food, (iii) the Minister for Communications, Energy and Natural Resources, (
iv)the Minister for Transport, Tourism and Sport, (
v)the Commissioners of Public Works in Ireland, (
vi)Environmental Protection Agency, (vii) every planning authority within whose functional area the land specified in the particulars referred to in paragraph

(1)or any part of that land is situated or which adjoins that land, (viii) An Bord Pleanála, (

ix)National Roads Authority, (
x)Inland Fisheries Ireland, (
xi)any public authority with responsibility for the provision of national or regional infrastructure for energy, water, rail or telecommunications, and (xii) any other person or organisation that the Minister considers should be notified, and the Minister may, where appropriate, consult with all or any of them.

(2)The Minister shall notify every owner and occupier of any land included in a candidate site of Community importance, or in any modification thereof, of the inclusion of the land in the candidate site of Community importance and the said notification issued by the Minister under this paragraph shall include, in respect of each site— (a) a copy of the information compiled pursuant to Regulation 11 relating to that site, (b) any notice of the Ministerial Direction relating to activities requiring consent under Regulation 28

(1)or specified activities under Regulation 29

(1)relating to that site, and (c) details of the procedures by which a person may object.

(3)The Minister shall give public notice— (

a)of the inclusion of land in a candidate site of Community importance, or any modification thereof, and (
b)that any person, including any holder of a valid prospecting licence or exploration licence duly issued under any enactment, or any turbary, fishing, sporting or other rights which relates to such land, whose interest in or over any land which may potentially be affected by the inclusion of the land in a candidate site of Community importance, or any modification thereof, may contact the Department to request further information in respect of the relevant site, and the aforesaid notice shall be published in at least one newspaper with circulation covering the area in which the land referred to in the notice is located and may be— (
i)broadcast on a radio channel generally available in the area in which the land referred to in the notice is located, or (
ii)published on the internet.

(4)The Minister may, in addition, at his or her discretion, publish the notice referred to in paragraph

(3)by means of— (

a)its being displayed with maps showing the site concerned— (
i)in one or more Garda Síochána stations, local authority offices, public libraries, local offices of the Department of Social Protection, local offices of the Department of Agriculture, Fisheries and Food and offices of Teagasc or other suitable places which are located within or contiguous to the site concerned, or (
ii)where, in any case there is no such station or office or other suitable place so located, in one or more of each such station or office or other suitable place within the vicinity or closest to such site, (
b)its being erected at or near the location of the land referred to in the notice, (
c)its being published in one or more other national, regional or local newspapers, or (
d)its being notified or publicised in such other manner as the Minister may decide.

(5)The Minister shall provide every person who— (a) requests further information in respect of the relevant site under paragraph

(3)and (b) claims an interest in or over any land which may be affected, with a copy of the notification referred to in paragraph

(2). Objections relating to candidate sites of Community importance 13.

(1)A person on whom a notice is served under Regulation 12

(2)or any other person having or being entitled to an interest in or over the land comprising the site or part thereof or any other person having or being entitled to an interest in or over land outside the site whose interest may potentially be affected by the designation of the land comprising the site or part thereof may, within a period of three months from the date the notice was served on him or her under Regulation 12

(2)or given under Regulation 12

(3)or published under Regulation 12

(4), whichever is the earliest, object in the manner specified in the notice, on grounds of the criteria set out in Annex III, Stage I, of the Habitats Directive and relevant scientific information to the inclusion of a site or part thereof in the list of candidate sites of Community importance.

(2)An objection within the meaning of paragraph

(1)shall be accompanied by a declaration made by the person objecting which shall state that the person— (

a)has or is entitled to an interest in or over the land comprising the site, or part thereof, or (
b)has or is entitled to an interest in or over land outside the site whose interest may potentially be affected by the designation of the land comprising the site, or part thereof, or both, and which shall state the nature of the interest.

(3)A person or body prescribed in Regulations 12

(1)or 12

(2)may, not later than three months from the date the notice was served on that person or body, or if a notice was not so served, not later than three months after notice was given under Regulation 12

(3)or published under Regulation 12

(4), whichever is the earlier, request a review or modification of the particulars of the site of Community importance on grounds of the criteria set out in Annex III, Stage I, of the Habitats Directive and relevant scientific information.

(4)The Minister shall, after consultation with such other persons as he or she considers ought to be consulted— (a) consider any objections received under paragraph

(1)or a request for a review or modification of the particulars of the site of Community importance under paragraph

(3), and (b) shall inform any person making an objection within the meaning of paragraph

(1)and those mentioned in Regulation 12

(1)in respect of the site concerned of the decision on such objections or requests, which decision shall take account of the criteria set out in Annex III, Stage I, of the Habitats Directive and relevant scientific information.

(5)The Minister may— (a) having considered the objections pursuant to paragraph

(1)and requests pursuant to paragraph

(3), (

b)having regard to the criteria referred to in Regulation 10, and (
c)having regard to submissions made under Regulation 21, modify the list of candidate sites of Community importance and shall transmit it to the European Commission in accordance with Article 4

(1)of the Habitats Directive.

(6)These Regulations shall apply to the list of candidate sites of Community importance transmitted to the European Commission in accordance with Article 4

(1)of the Habitats Directive prior to the commencement of these Regulations as if they had been sent under this Regulation.

(7)These Regulations shall not affect the validity of the list of candidate sites of Community importance transmitted or prepared for transmission to the European Commission in accordance with Article 4

(1)of the Habitats Directive prior to the commencement of these Regulations. Designation, amendment and de-designation of special areas of conservation 14.

(1)Following— (a) adoption of a site by the European Commission in accordance with the procedure laid down in Article 4

(2)of the Habitats Directive, (b) adoption of a site following the procedure under Article 5

(1)of the Habitats Directive, or (c) adoption of a site pursuant to a decision by the Council under Article 5

(3)of the Habitats Directive to accept a proposal of the European Commission made under Article 5

(2)of the Habitats Directive, the Minister shall designate the site as a special area of conservation.

(2)The Minister, having obtained the agreement of the Commission, may amend or revoke a designation made under this Regulation— (

a)having notified— (
i)the Minister for the Environment, Community and Local Government, (
ii)the Minister for Agriculture, Fisheries and Food, (iii) the Minister for Communications, Energy and Natural Resources, (
iv)the Minister for Transport, Tourism and Sport, (
v)the Commissioners of Public Works in Ireland, (
vi)Environmental Protection Agency, (vii) every planning authority within whose functional area the land specified in a site referred to in paragraph

(1)or any part of that land is situated or which adjoins that land, (viii) An Bord Pleanála, (

ix)National Roads Authority, (
x)Inland Fisheries Ireland, (
xi)any public authority with responsibility for the provision of national or regional infrastructure for energy, water, rail or telecommunications, and (xii) any other person or organisation that the Minister considers should be notified, and the Minister may, where appropriate, consult with all or any of them, (
b)having notified every owner and occupier of any land and any holder of a valid prospecting licence or exploration licence duly issued under any enactment which relates to any land that, following the amendment or revocation in whole or in part of a designation made under this Regulation, would be newly either included in or excluded from a designated special area of conservation, and the said notification issued by the Minister under this paragraph shall include, in respect of each site— (
i)a statement of the grounds for the amendment or revocation and specifically the grounds for the proposed inclusion or exclusion of the affected land from the sites, (
ii)any Notice of the Ministerial Direction relating to activities requiring consent under Regulations 28

(1)or 29

(1)that will apply to the lands to be newly included in that site, and (iii) details of the procedures by which a person may object in respect of the amendment or revocation, and (c) having consulted with the public if it is proposed to revoke the designation of a European Site.

(3)After the Minister has designated a site as a special area of conservation or amended or revoked the designation of a site as a special area of conservation, he or she shall cause notice of the designation, amendment or revocation to be sent to— (

a)the Minister for the Environment, Community and Local Government, (
b)the Minister for Agriculture, Fisheries and Food, (
c)the Minister for Communications, Energy and Natural Resources, (
d)the Minister for Transport, Tourism and Sport, (
e)the Commissioners of Public Works in Ireland, (
f)Environmental Protection Agency, (
g)Inland Fisheries Ireland, (
h)National Roads Authority, (
i)Iarnrod Éireann, (
j)Commission for Energy Regulation, (
k)every planning authority within whose functional area the site or any part of the site is situated or which adjoins the site, (
l)An Bord Pleanála, (
m)any public authority with responsibility for the provision of national or regional infrastructure for energy, water, rail or telecommunications, and (
n)every owner and occupier of any land that is within the site designated pursuant to paragraph

(1)or that is newly included in or excluded from a designated site on foot of an amendment made pursuant to paragraph

(2)or that was within a special area of conservation the designation of which has been revoked pursuant to paragraph

(2)and any holder of a valid prospecting licence or exploration licence duly issued under any enactment which relates to such land.

(4)After the Minister has designated the site as a special area of conservation or has amended or revoked a designation, he or she shall give public notice of the designation, amendment of designation or revocation of designation and the aforesaid notice shall be by— (a) publication in Iris Oifigiúil, (b) publication in a national newspaper, and may be published on the internet.

(5)The Minister may in addition at his or her discretion publish the notice referred to in paragraph

(4)by means of— (

a)its being broadcast on a radio or television channel generally available in the area in which the land referred to in the notice is located, (
b)its being displayed with maps showing the site concerned— (
i)in one or more Garda Síochána stations, local authority offices, public libraries, local offices of the Department of Social Protection, local offices of the Department of Agriculture, Fisheries and Food, offices of Teagasc and such other suitable places which are located within or contiguous to the site concerned, or (
ii)where in any case there is no such station or office or other suitable place so located, in one or more of each such station or office or other suitable place within the vicinity or closest to such site, (
c)its being erected at or near the location of the land referred to in the notice, (
d)its being published in one or more national, regional or local newspapers, or (
e)in such other manner as the Minister may decide.

(6)Any designation made under this Regulation, and any amendment or revocation thereof, may be registered under the Registration of Deeds and Title Acts 1964 and 2006, in the appropriate register maintained under those Acts as a burden on the land.

(7)These Regulations shall apply to special areas of conservation designated pursuant to the Habitats Directive prior to the commencement of these Regulations as if they were designated under this Regulation.

(8)These Regulations shall not affect the validity of special areas of conservation which stood designated pursuant to the Habitats Directive prior to the commencement of these Regulations. Identification and notification regarding particulars of candidate special protection areas 15.

(1)The Minister shall select as candidate special protection areas sites that appear to him or her to require consideration for classification as special protection areas, and he or she shall compile information in respect of each selected site, including— (

a)a description of the site, (
b)an ordnance map of appropriate scale, upon which the boundaries of the site are marked, so as to identify the land comprising the site and the boundaries thereof, and (
c)the species referred to in Article 4 of the Birds Directive taken into account for the purpose of identifying the site as a special protection area.

(2)The information referred to in paragraph

(1)is, in these Regulations, referred to as the “particulars of the candidate special protection area”.

(3)The information compiled pursuant to paragraph

(1)(c) shall constitute the “special conservation interests” for the site.

(4)Where the Minister has selected a site as a candidate special protection area under paragraph

(1), he or she shall cause a copy of the particulars of the candidate special protection area to be sent to— (

a)the Minister for the Environment, Community and Local Government, (
b)the Minister for Agriculture, Fisheries and Food, (
c)the Minister for Communications, Energy and Natural Resources, (
d)the Minister for Transport, Tourism and Sport, (
e)the Commissioners of Public Works in Ireland, (
f)Environmental Protection Agency, (
g)every planning authority within whose functional area the land specified in the particulars referred to in this paragraph or any part of that land is situated or which adjoins that land, (
h)An Bord Pleanála, (
i)National Roads Authority, (
j)Inland Fisheries Ireland, (
k)any public authority with responsibility for the provision of national or regional infrastructure for energy, water, rail or telecommunications, and (
l)any other person or organisation that the Minister considers should be notified, and the Minister may, where appropriate, consult with all or any of them.

(5)The Minister shall notify every owner and occupier of any land included in the candidate special protection area of the inclusion of the land in that site and the said notification issued by the Minister under this paragraph shall include, in respect of each site— (a) a copy of the particulars of the candidate special protection area, (b) a notice of any Ministerial Direction relating to activities requiring consent under Regulation 28

(1)or specified activities under Regulation 29

(1)relating to that site, and will indicate that Regulation 16 will apply if, pursuant to Regulation 16

(2), the Minister identifies the site as eligible for classification as a special protection area and, in that eventuality, notification will be given pursuant to Regulation 16

(7), and that, following each such notification, an objection may be made under Regulation 17

(1).

(6)The Minister shall give public notice— (

a)of the inclusion of land in a candidate special protection area, (
b)of the fact that any Ministerial Direction relating to activities requiring consent under Regulation 28

(1)or specified activities under Regulation 29

(1)relating to that site has been made, (

b)that any person, including any holder of a valid prospecting licence or exploration licence duly issued under any enactment, or any turbary, fishing, sporting or other rights which relates to such land, whose interest in or over any land which may potentially be affected by the inclusion of the land in that site may contact the Department to request further information in respect of the relevant site, and the aforesaid notice shall be published in at least one newspaper with circulation covering the area in which the land referred to in the notice is located and may be— (
i)broadcast on a radio channel generally available in the area in which the land referred to in the notice is located, or (
ii)published on the internet.

(7)The Minister may, in addition, at his or her discretion, publish the notice referred to in paragraph

(6)by means of— (

a)its being displayed with maps showing the site concerned— (
i)in one or more Garda Síochána stations, local authority offices, public libraries, local offices of the Department of Social Protection, local offices of the Department of Agriculture, Fisheries and Food and offices of Teagasc or other suitable places which are located within or contiguous to the site concerned, or (
ii)where, in any case there is no such station or office or other suitable place so located, in one or more of each such station or office or other suitable place within the vicinity or closest to such site, (
b)its being erected at or near the location of the land referred to in the notice, (
c)its being published in one or more other national, regional or local newspapers, or (
d)its being notified or publicised in such other manner as the Minister may decide.

(8)The Minister shall provide every person who— (a) requests further information in respect of the relevant site under paragraph

(6)and (b) claims an interest in or over any land which may be affected, with a copy of the notification referred to in paragraph

(5).

(9)For the avoidance of doubt, a submission may be made in respect of the selection of the relevant site pursuant to Regulation 21. Classification: Notification regarding particulars of special protection areas 16.

(1)The Minister shall, having considered the scientifically based ornithological criteria pursuant to the Birds Directive, and in particular Article 4

(1)and 4

(2)thereof, identify sites as eligible for classification as special protection areas.

(2)Without prejudice to the generality of paragraph

(1), where the Minister has selected a site as a candidate special protection area under Regulation 15, he or she shall, having considered the scientifically based ornithological criteria pursuant to the Birds Directive, and in particular Article 4

(1)and 4

(2)thereof— (a) identify the site as eligible for classification as a special protection area under paragraph

(1), subject to any scientifically-based boundary modifications, or (

b)identify the site as not eligible for classification as a special protection area, not earlier than three months, and not later than 18 months, from— (
i)the date the Minister has sent the particulars of the candidate special protection area to the persons and bodies referred to in Regulation 15

(4), or (ii) the date persons were served with a notice under Regulation 15

(5)relating to that site, or (iii) the date the Minister has given public notice under Regulation 15

(6).

(3)The Minister shall compile information on each site that he or she has identified as eligible for classification as a special protection area, including— (

a)an ordnance map of appropriate scale, upon which the boundaries of the site are marked so as to identify the land comprising the site and the boundaries thereof, (
b)the name or names of the lands concerned and their location and extent, (
c)the identification of the species in Annex I to the Birds Directive, or the species of regularly occurring migratory species not in Annex I to the Birds Directive, or both, taken into account for the purpose of identifying the site and for which the site is to be classified as a special protection area, (
d)additional species, if any, referred to in Article 4 of the Birds Directive, the protection of which is a conservation objective of the site, and (
e)the scientific and legal criteria and reasons for the identification of the site as eligible for classification as a special protection area.

(4)The information compiled pursuant to subparagraphs

(3)(c),

(3)(d) and

(3)(e) shall constitute the “special conservation interests” for the site.

(5)The information compiled under paragraph

(3)is in these Regulations referred to as the “particulars of the special protection area”.

(6)The Minister shall cause a copy of the particulars of the special protection area or any modifications thereof to be sent to— (

a)the Minister for the Environment, Community and Local Government, (
b)the Minister for Agriculture, Fisheries and Food, (
c)the Minister for Communications, Energy and Natural Resources, (
d)the Minister for Transport, Tourism and Sport, (
e)the Commissioners of Public Works in Ireland, (
f)Environmental Protection Agency, (
g)every planning authority within whose functional area the land specified in the particulars referred to in paragraph

(5)or any part of that land is situated or which adjoins that land, (

h)An Bord Pleanála, (
i)National Roads Authority, (
j)Inland Fisheries Ireland, (
k)any public authority with responsibility for the provision of national or regional infrastructure for energy, water, rail or telecommunications, and (
l)any other person or organisation that the Minister considers should be notified, and the Minister may, where appropriate, consult with all or any of them.

(7)The Minister shall notify every owner and occupier of any land specified in the special protection area, or in any modification thereof, and any holder of a valid prospecting licence or exploration licence duly issued under any enactment which relates to such land, of the inclusion of the land in the special protection area and the said notification issued by the Minister under this paragraph shall include, in respect of each site— (a) particulars of the special protection area, or any modification thereof, (b) a notice of any Ministerial Direction relating to activities requiring consent under Regulation 28

(1)or specified activities under Regulation 29

(1)relating to that site, and (c) details of the procedures by which a person may object.

(8)The Minister shall give public notice— (

a)of the inclusion of land in the special protection area, or the inclusion of additional land in or the removal of land from the special protection area, and (
b)that any person whose interest in or over any land, including any holder of a valid prospecting licence or exploration licence duly issued under any enactment, or any turbary, fishing, sporting or other rights which relates to such land, which may potentially be affected by the inclusion of the land in the special protection area may contact the Department to request further information in respect of the relevant site, and the aforesaid notice shall be published in at least one newspaper with circulation covering the area in which the land referred to in the notice is located and may be— (
i)broadcast on a radio channel generally available in the area in which the land referred to in the notice is located, or (
ii)published on the internet.

(9)The Minister may, in addition, at his or her discretion, publish the notice referred to in paragraph

(8)by means of— (

a)its being displayed with maps showing the site concerned— (
i)in one or more Garda Síochána stations, local authority offices, public libraries, local offices of the Department of Social Protection, local offices of the Department of Agriculture, Fisheries and Food and offices of Teagasc or other suitable places which are located within or contiguous to the site concerned, or (
ii)where, in any case there is no such station or office or other suitable place so located, in one or more of each such station or office or other suitable place within the vicinity or closest to such site, (
b)its being erected at or near the location of the land referred to in the notice, (
c)its being published in one or more other national, regional or local newspapers, or (
d)its being notified or publicised in such other manner as the Minister may decide.

(10)The Minister shall provide every person who— (a) requests further information in respect of the relevant site under paragraph

(8)and (b) has or is entitled to an interest in or over any land which may potentially be affected, with a copy of the notification referred to in paragraph

(7).

(11)The service of the notice pursuant to paragraphs

(7)and

(8)operates to classify the relevant site as a special protection area.

(12)(a) Where the Minister, pursuant to paragraph 2(b), has identified a candidate site as not being eligible for classification as a special protection area, he or she shall notify the bodies or persons referred to in paragraphs

(6)and

(7)that he or she has so identified the site and the reasons for such identification, (

b)The Minister shall give public notice of the identification and the reasons referred to in subparagraph (a), and the aforesaid notice shall be published in at least one newspaper with circulation covering the area in which the land referred to in the notice is located and may be— (
i)broadcast on a radio channel generally available in the area in which the land referred to in the notice is located, or (
ii)published on the internet.

(13)These Regulations shall apply to special protection areas classified pursuant to the Birds Directive prior to the commencement of these Regulations as if they were classified under this Regulation.

(14)These Regulations shall not affect the validity of special protection areas which stood classified pursuant to the Birds Directive prior to the commencement of these Regulations. Objections relating to special protection areas 17.

(1)A person on whom a notice is served under Regulation 16

(7)or any other person having or being entitled to an interest in or over the land comprising the site or part thereof or any other person having or being entitled to an interest in or over land outside the site whose interest may potentially be affected by the classification of the land comprising the site or part thereof may, within a period of three months from the date the notice was served on him or her under Regulation 16

(7)or given under Regulation 16

(8)or published under Regulation 16

(9), whichever is the earliest, object in the manner specified in the notice, on grounds based on scientifically based ornithological criteria pursuant to the Birds Directive, in particular Article 4

(1)and 4

(2)thereof, to the inclusion of the site or part thereof in the special protection area.

(2)An objection within the meaning of paragraph

(1)shall be accompanied by a declaration made by the person objecting which shall state that the person— (

a)has or is entitled to an interest in or over the land comprising the site, or part thereof, or (
b)has or is entitled to an interest in or over land outside the site whose interest may potentially be affected by the classification of the land comprising the site, or part thereof, or both, and which shall state the nature of the interest.

(3)The persons and bodies prescribed in Regulations 16

(6)and 16

(7)may, not later than three months from the date the particulars were sent to them, request a review or modification of the particulars on grounds based on scientifically based ornithological criteria pursuant to the Birds Directive, in particular Article 4

(1)and 4

(2)thereof.

(4)The Minister shall— (

a)having consulted with such other persons as he or she considers ought to be consulted, (
b)having considered any objections made pursuant to paragraph

(1), (c) having considered any requests made pursuant to paragraph

(3), (d) in view of the criteria referred to in Regulation 16

(1), and (e) having regard to submissions made under Regulation 21, decide for stated reasons to amend or not to amend the particulars of the special protection area.

(5)The Minister shall— (a) inform any person making an objection under paragraph

(1)or a request under paragraph

(3)of the decision on such objection or request, stating the reasons for his or her decision, (

b)inform any person whose land he or she has reason to believe will be newly included in or excluded from a special protection area on foot of his or her decision, and (
c)give public notice of a decision to amend the particulars of the special protection area. Designation, amendment and de-designation of special protection areas 18.

(1)In relation to a site classified as a special protection area, the Minister may make a decision to designate or not to designate such a site, or part thereof, as a special protection area after— (a)the expiry of the period of three months from the date on which the Minister has sent the relevant material referred to in Regulation 16

(3)to the persons and bodies prescribed in Regulation 16

(6), (b) the expiry of the period of three months from the date on which a person or persons are served notice under Regulation 16

(7)relating to that site, (c) the expiry of the period of three months from the date on which the Minister has given public notice under Regulation 16

(8), or (d) the Minister making a decision pursuant to Regulation 17

(4)relating to that site, if applicable, whichever is the earliest.

(2)Subject to paragraph

(3), the Minister may designate a site after— (a) three months from the date notice was served or given under Regulation 16

(7), or (b) three months from the date on which public notice was given under Regulation 16

(8), whichever is the earlier, having, where applicable, taken the steps referred to in Regulation 17

(4).

(3)Where the Minister, having consulted with the Commission, proposes to revoke or amend the designation of a site classified under Regulation 16 or where the area that the Minister proposes to designate differs in any of its boundaries from the corresponding area as classified under Regulation 16, the Minister shall not designate the site until after— (

a)he or she has notified— (
i)the Minister for the Environment, Community and Local Government, (
ii)the Minister for Agriculture, Fisheries and Food, (iii) the Minister for Communications, Energy and Natural Resources, (
iv)the Minister for Transport, Tourism and Sport, (
v)the Commissioners of Public Works in Ireland, (
vi)Environmental Protection Agency, (vii) Inland Fisheries Ireland, (viii) National Roads Authority, (
ix)Iarnrod Éireann, (
x)Commission for Energy Regulation, (
xi)every planning authority within whose functional area the site or any part of the site is situated or which adjoins the site, (xii) An Bord Pleanála, (xiii) any public authority with responsibility for the provision of national or regional infrastructure for energy, water, rail or telecommunications, (xiv) every owner and occupier of any land that, on foot of the proposed designation, would be newly included in or excluded from the area classified under Regulation 16 and any holder of a valid prospecting licence or exploration licence duly issued under any enactment which relates to such land, and (
b)he or she has taken the steps and followed the procedure set out in Regulation 17.

(4)Where the Minister proposes to de-designate a site, he or she shall not do so until— (a) he or she has sought the opinion of the public under Regulation 21

(1)(

b)and has considered any such submissions made pursuant to that Regulation, and (
b)he or she has consulted with the European Commission.

(5)Notification under paragraph

(3)shall include— (

a)a statement of the grounds for the amendment or revocation and specifically the grounds for the proposed inclusion or exclusion of the affected lands in or from the site, (
b)any notice of Ministerial Directions relating to activities requiring consent under Regulation 28

(1)or specified activities under Regulation 29

(1)that will apply to lands to be newly included in the site, and (c) details, pursuant to Regulation 17, of the procedures by which a person may object in respect of the proposed amendment or revocation.

(6)After the Minister has designated a site, or part thereof, as a special protection area, or has amended or revoked any designation, or has made a decision not to designate a site, or part thereof, he or she shall cause a copy of the designation, amendment of designation, revocation of designation or decision not to designate a site, or part thereof, to be sent to— (

a)the Minister for the Environment, Community and Local Government, (
b)the Minister for Agriculture, Fisheries and Food, (
c)the Minister for Communications, Energy and Natural Resources, (
d)the Minister for Transport, Tourism and Sport, (
e)the Commissioners of Public Works in Ireland, (
f)Environmental Protection Agency, (
g)Inland Fisheries Ireland, (
h)National Roads Authority, (
i)Iarnrod Éireann, (
j)Commission for Energy Regulation, (
k)every planning authority within whose functional area the site or any part of the site is situated or which adjoins the site, (
l)An Bord Pleanála, (
m)any public authority with responsibility for the provision of national or regional infrastructure for energy, water, rail or telecommunications, (
n)every owner and occupier of any land within the site and any holder of a valid prospecting licence or exploration licence duly issued under any enactment which relates to such land, (
o)every person required to be notified under Regulation 15 in respect of the relevant site, and (
p)every person who made an objection pursuant to Regulation 17, including a person who made an objection following a notification under paragraph

(3).

(7)After the Minister has designated the site as a special protection area, or has amended or revoked any designation, or has made a decision not to designate a site, or part thereof, he or she shall give public notice of the designation, amendment of designation, revocation of designation or decision not to designate a site, or part thereof, and the aforesaid notice shall be by— (a) publication in Iris Oifigiúil, (b) publication in a national newspaper, and may be published on the internet.

(8)The Minister may in addition at his or her discretion publish the notice referred to in paragraph

(3)by means of— (

a)its being broadcast on a radio or television channel generally available in the area in which the land referred to in the notice is located, (
b)its being displayed with maps showing the site concerned— (
i)in one or more Garda Síochána stations, local authority offices, public libraries, local offices of the Department of Social Protection, local offices of the Department of Agriculture, Fisheries and Food and offices of Teagasc or other suitable places which are located within or contiguous to the site concerned, or (
ii)where in any case there is no such station or office or other suitable place so located, in one or more of each such station or office or other suitable place within the vicinity or closest to such site, (
c)its being erected at or near the location of the land referred to in the notice, (
d)its being published in one or more national, regional or local newspapers, or (
e)in such other manner as the Minister may decide.

(9)Any designation made under this Regulation, and any amendment or revocation thereof, may be registered under the Registration of Deeds and Title Acts 1964 and 2006, in the appropriate register maintained under those Acts as a burden on the land.

(10)(

a)The amendment of a designation operates to amend a classification in like terms. (
b)The revocation of a designation operates to revoke a classification in like terms. (
c)A decision not to designate a site, or part thereof, operates to declassify a site, or part thereof, in like terms. Consultation initiated by the European Commission to add sites 19.

(1)If consultation is initiated by the European Commission in accordance with Article 5

(1)of the Habitats Directive with respect to a site hosting a priority natural habitat type or priority species, and the Minister agrees that the site should be added to the list transmitted in accordance with Regulation 13

(5), the site shall be treated as added to the list as from the date of that agreement or decision, and the Minister shall, having compiled the information required pursuant to Regulation 11, initiate the designation process pursuant to Regulation 12.

(2)Where a decision is made by the Council that a site should be included in the list pursuant to Article 5

(3)of the Habitats Directive, the Minister shall immediately designate the site, and notify those bodies and persons referred to in Regulations 14

(2)and 14

(3)of said decision, and inform them that there is no right of appeal or to request a review in such circumstances. Notifications from the European Commission of non-adoption of candidate sites of Community importance 20.

(1)After the Minister has received notification from the European Commission that a site is not being adopted as a European Site, he or she shall give public notice that the site has not been adopted and the aforesaid notice shall be published in at least one newspaper with circulation covering the area in which the land referred to in the notice is located, and may be— (a) broadcast on a radio channel generally available in the area in which the land referred to in the notice is located, or (b) published on the internet.

(2)Where the Minister has received notification under paragraph

(1), he or she shall, in addition to the public notice issued under paragraph

(1), notify every person required to be notified under Regulation 12 in respect of the relevant site and the site shall no longer constitute a European Site. Submissions by the public in relation to the selection, designation, classification, de-designation and protection of European Sites 21.

(1)(

a)Any person with a sufficient interest may make submissions to the Minister in respect of the selection, designation, classification or de-designation of European Sites or the protection of habitats or species under the Habitats Directive and the Birds Directive and the Minister shall have regard to such submissions insofar as they relate to his or her obligations pursuant to the Habitats Directive and the Birds Directive. (
b)The Minister may, where he considers it appropriate, invite opinions from the public by giving public notice and shall specify a date by which such opinions must be submitted to him or her.

(2)“Sufficientinterest” has the meaning applied to it for the purposes of the Planning and Development Acts 2000 to

Multiple status
For the avoidance of doubt, land within a candidate site of Community importance or a site of Community importance or a special area of conservation may at the same time be within a candidate special protection area or a special protection area and vice versa, and land within any such site may at the same time be in another site of the same kind. Erection of notices 23.

(1)The Minister may cause to be erected and maintained at suitable places within, or on the boundary of, or near any European Site or other specified land referred to in Regulation 28

(1)or 29

(1)or any other suitable place as he or she deems appropriate for the purposes of the Habitats Directive, the Birds Directive or these Regulations, a notice giving information and guidance on any or all of the following— (a) the status of the site as a European Site or other specified land referred to in Regulation 28

(1)or 29

(1), (

b)the boundaries of the site, (
c)habitats and species found on the site, (
d)any one or more of the activities requiring consent pursuant to Regulation 28, (
e)any one or more specified activities prohibited, restricted or regulated pursuant to Regulation 29 and (
f)such other matters as he or she deems appropriate, and for that purpose an authorised officer, or any other person duly authorised by the Minister in that behalf, may enter on land within the site and on any other land.

(2)Where appropriate, such notices may be in the format of Community notices pursuant to Article 17

(3)of the Habitats Directive.

(3)Any person who without lawful authority removes, damages, destroys, alters, defaces, disfigures, marks or otherwise interferes with any notice referred to in paragraph

(1), Regulation 12

(4)(b), 14

(5)(c), 15

(7)(b), 16

(9)(b), 18

(8)(c) or 28

(6)(b) shall be guilty of an offence.

(4)Without prejudice to the generality of paragraph

(3)— (

a)an authorised officer acting in the performance of his or her duties and functions, and (
b)any person who has been authorised by the Minister to move, remove or alter a notice, shall be deemed to have lawful authority for the purposes of this Regulation. Management plans and agreements 24.

(1)The Minister shall establish the necessary conservation measures involving, if need be, appropriate management plans specifically designed for the European Sites or integrated into other development plans and appropriate statutory, administrative, or contractual measures which correspond with the ecological requirements of those species and habitats in respect of which the site is included as a European Site or that are subject to the conservation objectives of the site.

(2)Without prejudice to the generality of paragraph

(1), conservation measures referred to in that paragraph may, as appropriate, include threat response plans under Regulation 39, administrative agreements under Regulation 40, and management agreements under this Regulation.

(3)The Minister may enter into a management agreement with any owner, lessee or occupier of— (

a)land forming part of a European Site, (
b)land adjacent to or functionally connected with a European Site, or (
c)land having features of the landscape which are of major importance for wild flora and fauna including birds, which include those features which by virtue of— (
i)their linear and continuous structure, such as rivers or canals with their banks or the traditional systems of marking field boundaries, or (
ii)their function as stepping stones, such as ponds or small woods, are essential for the migration, dispersal and genetic exchange of wild species, for the purposes of the Habitats Directive or the Birds Directive, or with any public authority that manages or controls such land or that exercises functions in relation to such land, or that manages, controls or exercises functions in relation to habitats and species, for the management, conservation, restoration or protection of that land or of any part of it or of the habitats or species therein, for the purposes of the Habitats Directive or the Birds Directive or these Regulations.

(4)The Minister may enter into a management agreement or administrative agreement with any owner, lessee or occupier of land or with any public authority that manages or controls such land or that exercises functions in relation to such land, or jointly with any such person or persons or any public authority or authorities— (

a)to establish a system of strict protection for animal species listed in Annex IV(
a)to the Habitats Directive in their natural range pursuant to Article 12 of the Habitats Directive, (
b)to establish a system of strict protection for plant species listed in Annex IV(
b)to the Habitats Directive pursuant to Article 13 of the Habitats Directive, (
c)to ensure that the taking in the wild of specimens of wild fauna and flora listed in Annex V to the Habitats Directive as well as their exploitation is compatible with their being maintained at a favourable conservation status pursuant to Article 14 of the Habitats Directive, (
d)to prevent the dispersal, establishment or spread of an animal or plant to which Regulation 49 or 50 applies, and (
e)to provide for the conservation of the bird species or their habitats referred to in Article 1 of the Birds Directive.

(5)Any management agreement previously entered into in relation to land, which land conforms with paragraph

(1)on or after the coming into force of these Regulations, shall have effect as if entered into under this Regulation.

(6)Any management agreement previously entered into for the purposes set forth in paragraph

(4)shall have effect as if entered into under this Regulation.

(7)Public authorities that manage or control land or that exercise functions in relation to land shall, in relation to such land, at the Minister’s request— (

a)engage in consultations regarding the development and implementation of a management agreement in relation to such land, (
b)provide such information as is relevant to the development and implementation of a management agreement, (
c)exercise their functions relating to the development and implementation of the management agreement, and (
d)co-ordinate their functions referred to in subparagraph (
c)with other public authorities.

(8)In this Regulation, “land functionally connected with a European Site” means land connected with that site by air, soil, hydrology, geology, ecology or water, including surface water, groundwater and marine water, such that the manner in which such land is managed may have a significant effect on a European Site.

(9)For the avoidance of doubt— (

a)A management agreement within the meaning of this Regulation is not limited to being a bilateral agreement. (
b)A management agreement within the meaning of this Regulation may, where necessary, be amended or terminated, on provision of reasonable notice, in the light of the status and conservation objectives of the site. (
c)A farm plan may constitute or form part of a management agreement for the purposes of these Regulations. Change of owner or occupier 25.

(1)Where the owner or occupier of a European Site, or any part thereof, disposes of any interest, including turbary, fishing, sporting or any other rights, in any land comprising the site, or any part thereof to any person, he or she shall notify in writing such person on or prior to disposal that the site is a European Site and of any activities requiring consent or other restrictions applying to the site.

(2)Where the owner or occupier of lands within a European Site, or any part thereof, becomes aware that such lands, or any part thereof, in which he or she has an interest, are occupied by an additional or different occupier, he or she shall notify forthwith in writing such occupier that those lands are within a European Site and of any related restrictions applying to the site.

(3)For the purposes of paragraph

(1), an owner disposes of an interest in land if he or she disposes of it by way of sale, exchange or lease or by way of the creation of any easement, right or privilege, or in any other way except by way of mortgage. PART 4 ACTIVITIES, PLANS OR PROJECTS AFFECTING EUROPEAN SITES Conservation objectives and measures to be undertaken by the Minister 26.

(1)The Minister shall exercise his or her functions relating to nature conservation so as to secure compliance with the requirements of the Habitats Directive and the Birds Directive.

(2)The Minister shall establish such particular conservation objectives as he or she, from time to time, considers necessary to achieve the maintenance of the habitat types or species in respect of which a site has been identified as a European Site at favourable conservation status or their restoration to such favourable status.

(3)The Minister may, where he or she considers it would contribute to the achievement of the objective of Article 3

(1)of the Habitats Directive, namely to enable the natural habitat types listed in Annex I to that Directive and the habitats of the species listed in Annex II to that Directive to be maintained at or, where appropriate, restored to a favourable conservation status in their natural range, establish the conservation or restoration of such a habitat type or the habitat of such a species as a conservation objective of a site.

(4)The Minister shall, having established conservation objectives under paragraph

(2)or

(3)or identified under subparagraph

(7)(b) one or more additional bird species for inclusion in the conservation objectives of the site, notify the bodies and persons referred to in Regulations 16

(6)and 16

(7)providing those bodies and persons, within a reasonable period, with a statement of the updated conservation objectives of the site concerned, and shall publish them on the Department’s website.

(5)The Minister shall establish the conservation measures which he or she considers necessary, in respect of special areas of conservation designated under Regulation 14 including, if need be, management plans either specifically designed for the sites or integrated into appropriate plans.

(6)The Minister shall establish the administrative or contractual measures which correspond to the ecological requirements of the natural habitat types in Annex I to the Habitats Directive and the species in Annex II to that Directive present on the sites including, but not limited to, management agreements under Regulation 24, threat response plans under Regulation 39 and administrative agreements under Regulation 40.

(7)The Minister may, for the purposes of the Birds Directive— (a) establish conservation measures which he or she from time to time considers necessary, in respect

🔗 To official source

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.