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

• (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

• (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

• (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

• (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

• (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

• (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

• (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

• (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

(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

• (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

• (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

• (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 2011.

Multiple status

Erection of notices

• (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

• (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

• (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

• (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 of special protection areas designated under Regulation 18 including, if need be, management plans either specifically designed for the sites or integrated into appropriate plans,

• (b) identify additional species referred to in Article 4(1) and 4(2) of the Birds Directive for inclusion in the conservation objectives of the site, and

• (c) establish in relation to special protection areas the administrative or contractual measures which he or she considers correspond to the ecological requirements of the species in Annex I to the Birds Directive and of the regularly occurring migratory species not in Annex I to the Birds Directive present on the sites.

• (8) In relation to the exercise of his or her functions under this Regulation, the Minister may consult with such persons as he or she considers appropriate.

Duties of public authorities relating to nature conservation

• (2) Any public authority having or exercising functions, including consent functions, which may have implications for or effects on nature conservation shall exercise those functions in compliance with and, as appropriate, so as to secure compliance with, the requirements of the Habitats Directive and the Birds Directive and these Regulations.

• (3) Public authorities, in the exercise of their functions, including consent functions, insofar as the requirements of the Habitats Directive are relevant to those functions, shall take the appropriate steps to avoid, in European Sites, the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated in so far as such disturbance could be significant in relation to the objectives of the Habitats Directive.

• (4) Public authorities, in the exercise of their functions, insofar as the requirements of the Birds Directive and the Habitats Directive are relevant to those functions, shall—

• (a) take the appropriate steps to avoid, in candidate special protection areas, pollution and deterioration of habitats and any disturbances affecting the birds insofar as these would be significant in relation to the objectives of Article 4 of the Birds Directive,

• (b) outside those areas, strive to avoid pollution or deterioration of habitats, and

• (c) take appropriate enforcement action.

• (5) Without prejudice to paragraphs (2), (3) and (4), every public authority in the exercise of any of its functions or responsibilities, shall—

• (a) comply with the requirements of the Habitats Directive, the Birds Directive and these Regulations insofar as they may arise for consideration in the exercise of those functions,

• (b) take the appropriate steps to avoid damage to European Sites through activities that may cause deterioration of natural habitats or to the conservation status of the species for which the sites have been designated, including such activities that take place outside the boundaries of the sites,

• (c) take the appropriate steps to avoid disturbance of the species for which European Sites have been established, in so far as such disturbance could be significant in relation to the objectives of the Birds Directive or the Habitats Directive,

• (d) outside special protection areas, strive to avoid pollution or deterioration of habitats within the meaning of the second sentence of Article 4(4) of the Birds Directive, and

• (e) take account of all relevant—

• (i) management agreements under Regulation 24,

• (ii) threat response plans under Regulation 39,

• (iii) administrative agreements under Regulation 40,

• (iv) Ministerial advice and specific guidance under Regulation 48,

• (v) guidelines or codes of practice issued by the Minister under Regulation 71,

• (vi) requests made by the Minister under paragraph (9), and

• (vii) activities requiring consent.

• (6) Without prejudice to paragraphs (2), (3), (4) and (5), every public authority shall, as required, exercise its functions and take appropriate action, including enforcement action, within the remit of its statutory powers and responsibilities as well as in its activities, plans and projects, to secure the objectives of Article 6(2) of the Habitats Directive.

• (7) Without prejudice to the generality of paragraphs (2), (3), (4), (5) and (6), primary responsibility for all of the species of finfish listed in Annexes II and V of the Habitats Directive and listed in the Fourth Schedule to these Regulations, and for their conservation, shall be exercised, as appropriate to the habitat, marine or freshwater, being occupied by individuals or populations of such species, by the Minister or Ministers of Government to whom, for the time being, responsibility for marine fisheries and freshwater fisheries are assigned, and those Ministers, or, where appropriate, public authorities under their aegis, shall exercise their powers and functions so as to comply with and meet the requirements of the Directives and of these Regulations.

• (8) In relation to responsibilities under the Birds Directive, the Habitats Directive or these Regulations that are assigned by enactment to another Minister of Government or public authority, authorised officers may consult with, co-operate with, advise, assist and seek the assistance of persons authorised by such other Minister or such public authority to carry out responsibilities referred to in paragraph (1) assigned to that Minister or public authority or arising in the exercise of any of their statutory powers and functions, and the Minister may enter into administrative agreements under Regulation 40 to facilitate such collaboration.

• (9) The Minister may—

• (a) request a public authority to provide him or her with information regarding its compliance with this Regulation, either generally or in relation to any specific case, and the public authority shall provide the Minister with that information,

• (b) request a public authority to take such steps as the Minister considers are necessary to ensure compliance with or enforcement of the Birds and Habitats Directives and these Regulations, and

• (c) consult with such other Minister or Ministers of Government or public authorities referred to in paragraph (1) regarding the responsibilities referred to in that paragraph, and those Ministers or public authorities shall provide the Minister with such assistance and information, including information as referred to in subparagraph (a), as he or she requires to meet his or her obligations under the Birds and Habitats Directives and under these Regulations.

Ministerial Directions in respect of activities requiring consent

• (a) have a significant effect on a European Site,

• (b) have an adverse effect on the integrity of a European Site, or

• (c) cause the deterioration of natural habitats or the habitats of species or the disturbance of the species for which the European Site may be or has been designated pursuant to the Habitats Directive or has been classified pursuant to the Birds Directive, in so far as such disturbance could be significant in relation to the objectives of the Habitats Directive,

the Minister shall, where he or she considers appropriate, direct that, subject to paragraph (2), the activity shall not be carried out, caused or permitted to be carried out or continued to be carried out by any person in the European Site or part thereof or at any other specified land except with, and in accordance with, consent given by the Minister under Regulation 30.

• (2) A Direction under paragraph (1) shall not apply—

• (a) where the proposed activity in relation to which the Direction applies is one that requires consent or consents under one or more of the enactments set out in the Second Schedule of these Regulations or under the Planning and Development Acts 2000 to 2011 and the activity is carried out with and in compliance with such consent or consents,

• (b) where the proposed activity is part of a project that has received consent under one or more of the enactments set out in the Second Schedule of these Regulations or under the Planning and Development Acts 2000 to 2011 and the project or activity is carried out with and in compliance with a consent or consents given under the applicable statutes, or

• (c) where the proposed activity is part of a project that has received consent under one or more Regulations made under the Act of 1972 or under one or more Regulations made under any of the enactments set out in the Second Schedule of these Regulations and the project or activity is carried out with and in compliance with such consent.

• (3) The Minister shall cause a copy of any Direction given pursuant to paragraph (1) 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) such other Minister or Ministers of Government as he or she considers appropriate,

• (f) the Commissioners of Public Works in Ireland,

• (g) Environmental Protection Agency,

• (h) An Bord Pleanála,

• (i) National Roads Authority,

• (j) Inland Fisheries Ireland, and

• (k) every planning authority within whose functional area the site or any part of the site is situated or which adjoins the site,

and the Minister may, where appropriate, consult with all or any of them.

• (4) The Minister shall notify every owner and occupier of any land within the site or any specified land, being land which is the subject of the Direction pursuant to paragraph (1) of such Direction and the said notification issued by the Minister under this paragraph shall, in respect of each Direction, indicate the procedures by which a person may object.

• (5) The Minister shall give public notice—

• (a) that a Direction, or Directions, have been made, 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 the subject of the Direction pursuant to paragraph (1) which may potentially be affected may contact the Department to request further information in respect of the relevant Direction,

and the aforesaid notice shall be—

• (i) published in at least one newspaper with circulation covering the area in which the land referred to in the notice is located,

• (ii) broadcast on a radio channel generally available in the area in which the land referred to in the notice is located, and

• (iii) published on the internet.

• (6) The Minister may in addition at his or her discretion—

• (a) display the relevant notice 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) erect the relevant notice at or near the location of the land referred to in the notice,

• (c) publish the relevant notice in one or more other national, regional or local newspapers, or

• (d) publicise the relevant notice in such other manner as the Minister may decide.

• (7) The Minister shall provide any person who—

• (a) requests further information in respect of the relevant notice under paragraph (5), and

• (b) claims an interest in or over any land which may potentially be affected by the relevant Direction given under paragraph (1),

with a copy of the notification referred to in paragraph (4) and the said notification issued by the Minister under this paragraph shall, in respect of each Direction, indicate the procedures by which a person may object.

• (8) The Minister may modify or revoke a Direction given pursuant to paragraph (1) by giving a further Direction pursuant to paragraph (1).

• (9) A person who contravenes a Direction given pursuant to paragraph (1) shall be guilty of an offence.

• (10) Subject to paragraph (12), it shall be a defence to a charge of committing an offence under paragraph (9) to prove that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.

• (11) Where the defence provided by paragraph (10) involves an allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on the defence unless, within a period ending 28 days before the hearing, he or she has served on the prosecutor a notice giving such information identifying or assisting in the identification of the other person as was then in his or her possession.

• (12) Where a person fails or refuses to comply with a Direction given pursuant to paragraph (1), the Minister may apply to a court of competent jurisdiction for an order requiring the person to comply with the Direction.

• (13) For the purposes of paragraph (12) “a court of competent jurisdiction” means either the Circuit Court for the circuit in which the relevant lands or part of the relevant lands concerned are situated or the High Court.

• (14) An application to the Circuit Court or the High Court for an order under paragraph (12) shall be by motion and the court when considering the matter may make such interim or interlocutory order as it considers appropriate having regard to the requirements of the Habitats Directive and the Birds Directive including the overall requirement of safeguarding the integrity of sites and ensuring that the overall coherence of Natura 2000 is protected.

• (15) These Regulations shall not affect the validity of a notice issued prior to the commencement of these Regulations under Regulation 4(2) of the European Communities (Natural Habitats) Regulations 1997.

• (16) These Regulations shall apply to an activity restricted by Regulation 14 of the European Communities (Natural Habitats) Regulations 1997 as if the activity was restricted under paragraph (1).

• (17) For the avoidance of doubt, activities carried out as part of or in connection with a plan or project that is an exempted development under the Planning and Development Acts 2000 to 2011 shall be subject to this Regulation.

Ministerial Directions to control specified activities in specified places

• (a) have a significant effect on a European Site,

• (b) have an adverse effect on the integrity of a European Site,

• (c) cause the deterioration of natural habitats or the habitats of species or the disturbance of the species for which the European Site may be or has been designated pursuant to the Habitats Directive or has been classified pursuant to the Birds Directive, insofar as such disturbance could be significant in relation to the objectives of the Habitats Directive,

• (d) cause pollution or deterioration of habitats within the meaning of the second sentence of Article 4(4) of the Birds Directive, or

• (e) have an adverse effect on the conservation status of—