S.I. No. 94/1997 - European Communities (Natural Habitats) Regulations, 1997

• (iii) further to an opinion from the Commission to other imperative reasons of overriding public interest.

31 Requirement for discharge by certain Ministers of the Government functions under certain enactments

31.

31. (1) Where an operation or activity to which any of the enactments set out in Part I of the Second Schedule applies is neither directly connected with nor necessary to the management of a European site but likely to have a significant effect thereon, either individually or in combination with other operations or activities, and such operation or activity is to be undertaken by, or requires the concurrence, consent or approval (however expressed in the enactment) of any Minister of the Government, then that Minister shall ensure that an appropriate assessment of the implications for the site in view of the site's conservation objectives is undertaken.

• (2) An environmental impact assessment in respect of an operation or activity referred to in paragraph (1) shall be an appropriate assessment for the purposes of this Regulation.

• (3) A Minister of the Government in carrying out powers and functions under any of the enactments set out in Part I of the Second Schedule shall undertake, concur, consent or approve of the operation or activity, having regard to the conclusions of the assessment undertaken under paragraph (1), only after having ascertained that the operation or activity will not adversely affect the integrity of the site concerned.

• (4) In considering whether an operation or activity will adversely affect the integrity of the site, a Minister of the Government shall have regard to the manner in which it is proposed to be carried out or to any conditions or restrictions subject to which that Minister proposes that the operation or activity is to be carried out.

• (5) Notwithstanding a negative assessment of the implications for the site and where a Minister of the Government is satisfied that there are no alternative solutions that Minister may undertake, or so concur, consent or approve of, an operation or activity where such operation or activity has to be carried out for imperative reasons of overriding public interest.

• (6) ( a ) Subject to paragraph (b) imperative reasons of overriding public interest shall include reasons of a social or economic nature;

( b ) if the site concerned hosts a priority natural habitat type of a priority species, the only considerations of overriding public interest shall be—

• (i) those relating to human health or public safety,

• (ii) beneficial consequences of primary importance for the environment, or

• (iii) further to an opinion from the Commission to other imperative reasons of overriding public interest.

• (7) Before exercising any function to which this Regulation relates under any of the enactments set out in Part I of the Second Schedule, the Minister of the Government concerned shall consult the Minister.

32 Obligations of local authorities, An Bord Pleanála or the Environmental Protection Agency in the discharge of their powers and functions under certain enactments

32.

32. (1) Where an operation or activity or an established activity to which an application for a licence or a revised licence or a review of a licence or revised licence, as appropriate, under any of the enactments set out in Part II of the Second Schedule applies is neither directly connected with nor necessary to the management of a European site but likely to have a significant effect thereon either individually or in a combination with other operations or activities or established activities a local authority, the Board or the Environmental Protection Agency shall ensure that an appropriate assessment of the environmental implications for the site in view of the site's conservation objectives is undertaken.

• (2) An environmental impact assessment in respect of an operation or activity referred to in paragraph (1) shall be an appropriate assessment for the purposes of paragraph (1).

• (3) The local authority, the Board or the Environmental Protection Agency, as the case may be, in carrying out their powers and functions under any of the enactments set out in Part II of the Second Schedule, having regard to the conclusions of the assessment undertaken under paragraph (1), shall grant the licence only after having ascertained that the operation or activity will not adversely affect the integrity of the European site concerned.

• (4) In considering whether an operation or activity to be licensed will adversely affect the integrity of the European site concerned, the local authority, the Board, or the Environmental Protection Agency, as the case may be, shall have regard to the manner in which it is proposed to be carried out or to any conditions or restrictions subject to which they propose that the licence should be granted.

• (5) A local authority, the Board or the Environmental Protection Agency, as the case may be, may, notwithstanding a negative assessment and where they are satisfied that there are no alternative solutions, decide to grant a licence for an operation or activity where such operation or activity has to be carried out for imperative reasons of overriding public interest.

• (6) ( a ) Subject to paragraph (b) imperative reasons of overriding public interest shall include reasons of a social or economic nature:

( b ) If the site concerned hosts a priority natural habitat type or a priority species, the only considerations of overriding public interest shall be—

• (i) those relating to human health or public safety,

• (ii) beneficial consequences of primary importance for the environment, or

• (iii) further to an opinion from the Commission to other imperative reasons of overriding public interest.

• (7) Where a local authority or the Environmental Protection Agency decide to seek an opinion from the Commission under paragraph (6), the provisions of paragraphs (7) and (8) of Regulation 27 shall apply as if the reference to the Board were a reference to the Environmental Protection Agency.

• (8) Notwithstanding subsection (10) of section 85 of the Environmental Protection Agency Act, 1992 , the appropriate period referred to in that subsection shall not, in a case in which a request is made to the Minister for the Environment under paragraph (6), include the period beginning on the day the matter is referred by the Environmental Protection Agency to the Minister for the Environment under that paragraph and ending on the day of receipt by the Environmental Protection Agency of notice by the Minister for the Environment of an opinion by the Commission on the matter.

33 Compensatory measures (Part IV)

33.

33. Where in accordance with Regulations 27 (5), 28 (5), 29 (4), 30 (5), 31 (5) or 32 (5) an operation or activity is agreed to, notwithstanding a negative assessment of the implications for a European site, the Minister shall ensure that the necessary compensatory measures are taken to ensure that the overall coherence of Natura 2000 is protected.

34 Application to areas classified pursuant to the Birds Directive

34.

34. The provisions of Regulations 4, 5, 7, 13, 14, 15 and 16 shall, where appropriate, apply with any necessary modifications to areas classified pursuant to paragraph 1 and 2 of Article 4 of the Birds Directive

PART V MISCELLANEOUS

35 Education and research

35.

35. The Minister, shall—

( a ) promote education and general information on the need to protect species of wild flora and fauna and to conserve their habitats and natural habitats,

( b ) encourage the necessary research and scientific work for the purpose of meeting the requirements of Article 11 of the Habitats Directive with particular attention to scientific work necessary for the implementation of Articles 4 and 10 of that Directive;

( c ) supply information, where appropriate, for the purpose of proper co-ordination of research carried out at Member State and Community level to other Member States and the Commission.

36 Introduction of certain species

36.

36. (1) Where the Minister carries out or causes to be carried out an investigation which establishes that the reintroduction, within the State or any specified part thereof, of certain native species specified in Annex IV to the Habitats Directive would contribute effectively to re-establishing those species at a favourable conservation status and thereby contribute to their conservation, the Minister may, after consultation with such other Ministers of the Government, local authorities or other bodies and individuals as the Minister considers appropriate, cause to be carried out the reintroduction of any of the native species so specified.

• (2) ( a ) The Minister may, in consultation with the Minister for the Marine where appropriate, by direction prohibit, except under licence granted by the Minister, the introduction into the wild of any non native species so as not to prejudice natural habitats within their natural range or the wild native fauna and flora.

( b ) The Minister shall publish or cause to be published in the Iris Oifigiúil a copy of every direction under this paragraph.

37 Reports

37.

37. (1) Every 6 years from the date of expiry of the period laid down in Article 17 of the Habitats Directive the Minister shall prepare a report on the implementation of the measures taken under that Directive.

• (2) The report under paragraph (1) shall, in particular, include information concerning the conservation measures referred to in Article 6 (1) of the Habitats Directive as well as evaluation of the impact of those measures on the conservation status of the natural habitat types in Annex I and the species in Annex II to, and the main results of the surveillance referred to in Article 11 of, the Habitats Directive.

38 Offences by body corporate

38.

38. Where an offence under these regulations has been committed by a body corporate and it is proved to have been so committed with the consent or connivance of, or, to be attributable to any neglect on the part of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if guilty of the first-mentioned offence.

39 Penalties

39.

39. A person who is guilty of an offence—

( a ) under Regulation 11 shall be liable on summary conviction to a fine not exceeding £1,000, or

( b ) under any other provision of these Regulations shall be liable on summary conviction to a fine not exceeding £1,500 or to 6 months imprisonment or to both.

FIRST SCHEDULE

FLORA AND FAUNA

PART I

Regulations 22, 23

Lutra lutra (Otter)

Cetacean Species

Bat Species

Bufo calamita (Natterjack toad)

PART II

Regulations 7, 24, 25

Martes martes (Pine marten)

Lepus timidus (Irish hare)

Halichoerus grypus (Grey seal)

Phoca vitinula (Common seal)

Rana temporaria (Frog)

Lampetra fluviatilis (Lampern)

Coregonus autumnalis spp. (Pollan)

Alosa alosa (Allis shads)

Alosa fallax (Twaite shad)

Salmo salar (Salmon) (only in freshwater)

Helix pomatia (Edible snail)

Margaritifera margaritifera (Freshwater pearl mussel)

Austropotamobius pallipes (White-clawed crayfish)

Cladonia subgenus Cladina (Reindeer Moss)

Leucobryum glaucum

All Sphagna

Lycopodium spp. (Clubmosses)

SECOND SCHEDULE

PART I ENACTMENTS REFERRED TO IN REGULATION 31

Regulation 31(7)

PART II ENACTMENT REFERRED TO IN REGULATION 32

Regulation 32(7)

GIVEN under the Official Seal of the Minister, this 26th day of February, 1997.

MICHAEL D. HIGGINS,

Minister for Arts, Culture

and the Gaeltacht.

EXPLANATORY NOTE.

These Regulations give effect to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (Habitats Directive).

The Regulations empower the Minister to designate special areas of conservation (endangered species and habitats of endangered species) as a contribution to an EU Community network to be known as NATURA 2000.

The Regulations also place an obligation on the Minister, other Ministers of the Government, Local Authorities and other State Bodies to have regard to the provisions of the Regulations in carrying out their powers and functions under certain Enactments under their control.