LegalizeS.I. No. 477/2011 - European Communities (Birds and Natural Habitats) Regulations 2011
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
45 amending acts · 2026-07-23, DEVELOPMENT (STRATEGIC GAS RESERVE) ACT 2026
““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,
and
- (b) by substituting the following definition for the definition of “Natural Habitats Regulations”,
““Natural Habitats Regulations” means the European Communities (Birds and Natural Habitats) Regulations 2011”.
- (20) Regulation 2 of the European Communities (Environmental Liability) Regulations 2008 is amended by substituting the following definition for the definition of “Natural Habitats Regulations”—
““Natural Habitats Regulations” means the European Communities (Birds and Natural Habitats) Regulations 2011”.
- (21) Section 7 of the Protection of Animals (Amendment) Act 1965 is amended by the insertion after “generates poisonous gas” of the following—
“, provided that the person complies with the provisions of Regulations 54 of the European Communities (Birds and Natural Habitats) Regulations 2011”.
- (22) Subsection (1) of Section 14 of the Protection of Animals (Amendment) Act 1965 is amended by the insertion after “the provisions of this section” of the following—
“and Regulations 54 and 55 of the European Communities (Birds and Natural Habitats) Regulations 2011”.
(23) The European Communities (Wildlife Act 1976) (Amendment) Regulations, 1986, as amended by the European Communities (Wildlife Act 1976) (Amendment) Regulations, 1997, is amended by the insertion after Regulation 3(1)—
“(2) Before the Minister makes a declaration pursuant to Regulation 3(1), the Minister shall be satisfied that the making of the declaration will not authorise any action that is inconsistent with the requirements of the Directive (as amended) or Council Directive 92/43/EEC of 21 May 1992 (O.J. No. L 206, 22.7.1992, p.7) (as amended).”
(24) The Wildlife Act 1976 is amended in Section 11, subsection (2) by the insertion of the following after paragraph (b)—
“(bb) encourage the management of 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,
(bc) take the requisite measures to maintain the population of the species referred to in Article 1 of the Birds Directive at a level that corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or to adapt the population of these species to that level,
(bd) take the requisite measures to preserve, maintain or re-establish a sufficient diversity and area of habitats by the preservation, maintenance and re-establishment of biotopes and habitats for all of the species of birds referred to in Article 1 of the Birds Directive, in particular the following measures—
(i) the creation of European Sites, or
(ii) the upkeep and management in accordance with the ecological needs of habitats inside and outside European Sites, or
(iii) the re-establishment of destroyed biotopes, and
(iv) the creation of biotopes.”
(25) The Wildlife Act 1976 , as amended by Section 26 of the Wildlife (Amendment) Act 2000 , is amended in Section 15 subsection (2)(a) by the insertion of the following before “and that in the case of such habitat or ecosystem”—
“or,
- (iv) has 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 - (III) their importance for the maintenance of the population of the species referred to in Article 1 of the Birds Directive at a level that corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or for adapting the population of these species to that level, or - (IV) their importance for the preservation, maintenance or re-establishment of a sufficient diversity and area of habitats by the preservation, maintenance and re-establishment of biotopes and habitats for all of the species of birds referred to in Article 1 of the Birds Directive, in particular for - (A) the creation of European Sites, or - (B) the upkeep and management in accordance with the ecological needs of habitats inside and outside European Sites, or - (C) the re-establishment of destroyed biotopes, and - (D) the creation of biotopes.”
- (26) The Wildlife Act 1976 is amended in Section 17 subsection (1) by the insertion of the following before “then, subject to subsection (5) of this section”—
“or that land has features of the landscape which are of major importance for wild flora and fauna including birds, which include those features which by virtue of:
- (*a*) their linear and continuous structure, such as rivers or canals with their banks or the traditional systems of marking field boundaries, or - (*b*) 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,”
- (27) The Wildlife (Amendment) Act 2000 is amended in Section 16 subsection (6) by the replacement of that subsection by the following—
“(6)(a) The Minister, in publishing or causing to be published a notice under subsection (1), shall have regard to whether, on the basis of the scientific advice available to the Minister at a particular time, the area is worthy of conservation by virtue of
- (i) its special scientific interest for one or more species, communities, habitats, landforms or geological or geomorphological features, or for its diversity of natural attributes, or - (ii) in light of the requirements of the Birds Directive and the Habitats Directive: - (I) the features of its landscape which are of major importance for wild flora and fauna including birds, which include those features which by reason of: - (A) their linear and continuous structure, such as rivers or canals with their banks or the traditional systems of marking field boundaries, or - (B) 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 - (II) its importance for the maintenance of the population of the species referred to in Article 1 of the Birds Directive at a level that corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or for adapting the population of these species to that level, or - (iii) its importance for the preservation, maintenance or re-establishment of a sufficient diversity and area of habitats by the preservation, maintenance and re-establishment of biotopes and habitats for all of the species of birds referred to in Article 1 of the Birds Directive, in particular for— - (I) the creation of European Sites, or - (II) the upkeep and management in accordance with the ecological needs of habitats inside and outside European Sites, or - (III) the re-establishment of destroyed biotopes, and - (IV) the creation of biotopes. - (*b*) The scientific advice referred to in paragraph (a) shall take account of, as appropriate, the size of the site, its location, the type of natural feature or features contained in it, its importance for the purposes of the Birds Directive and the Habitats Directive and the degree of negative, or potentially negative, human impact.”
(28) The Wildlife Act 1976 as amended by the Wildlife (Amendment) Acts 2000 and 2010 and by the European Communities (Natural Habitats) (Amendment) Regulations 2005 is amended in Section 9 by the replacement of subsection (5) by the following—
“(5) nothing shall be allowed to be done by licence or permit that would not be allowed to be done under the provisions of the European Communities (Birds and Natural Habitats) Regulations 2011 or that would otherwise contravene the requirements and obligations of the Birds Directive or the Habitats Directive.”
Education and research
(1) 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 18 of the Habitats Directive with particular attention to scientific work necessary for the implementation of Articles 4 and 10 of that Directive,
(c) encourage research and any work required as a basis for the protection, management and use of the population of all species of bird referred to in Article 1 of the Birds Directive with particular attention to the subjects listed in Annex V to the Birds Directive,
(d) supply information, where appropriate, for the purpose of proper co-ordination of research and scientific work carried out at Member State and European Union level to other Member States and the European Union,
(e) pay particular attention to research and work on the subjects listed in Annex V of the Birds Directive, and
(f) promote the development of national, regional or local databases in relation to approved plans or projects, pursuant to Regulation 42, for the purposes of facilitating the evaluation of the impact of such plans or projects on the coherence of the Natura 2000 network.
(2) The Minister may consult, or take such action as he or she considers necessary in conjunction with, any other Minister of Government or public authority or any other person with responsibility for the functions referred to in paragraph (1), for the purposes of this Regulation.
Introduction of certain species
(1)(a) Where the Minister carries out or causes to be carried out an investigation which establishes that the reintroduction within the State or the establishment in any specified part thereof, of certain native species specified in Annex IV to the Habitats Directive—
(i) would not have an adverse effect on the integrity of a European Site,
(ii) would not cause deterioration of the natural habitats or species referred to in Article 2 of the Habitats Directive or Article 1 of the Birds Directive,
(iii) would contribute effectively to re-establishing those species at a favourable conservation status, and
(iv) would thereby contribute to their conservation,
the Minister may, after consultation with such other Ministers of Government, local authorities or other bodies and individuals as he or she considers appropriate and having taken into account any other relevant considerations he or she considers appropriate, may authorise the reintroduction or establishment of any of the native species so specified.
(b) Having satisfied himself or herself that any introduction of species of bird which does not occur naturally in the wild state in the State but that formerly did so occur, the Minister, after consultation with such other Ministers of Government, local authorities or other bodies and individuals as he or she considers appropriate and, having taken into account any other relevant considerations he or she considers appropriate, and having carried out an investigation that establishes that such introduction—
(i) would not have an adverse effect on the integrity of a European Site, or
(ii) would not cause deterioration of the natural habitats or the conservation status of any species referred to in Article 2 of the Habitats Directive or Article 1 of the Birds Directive,
may authorise the reintroduction or establishment of any such species.
(c)Regulations 49 and 50 shall not apply to anything done pursuant to an authorisation under this paragraph.
(2)(a) The Minister may, in consultation with any other Minister of Government that has relevant responsibilities where appropriate, by Direction prohibit, except under licence granted by the Minister, the introduction into the wild of any species so as not to prejudice natural habitats within their natural range or wild fauna and flora, or the genetic integrity of indigenous populations of such species.
(b) The Minister shall publish or cause to be published in the Iris Oifigiúil a copy of every Direction under this paragraph.
(3) A person who fails to comply with a Direction under paragraph (2)(a) shall be guilty of an offence.
Reports
(1) The Minister shall draw up a report on the implementation of the measures taken under the Habitats Directive every six years from the date of expiry of the period laid down in Article 17 of the Habitats Directive.
(2) The report under paragraph (1) shall include in particular 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 of Annex I of the Habitats Directive and the species in Annex II of the Habitats Directive and the main results of the surveillance referred to in Article 11 of the Habitats Directive.
(3) The Minister shall forward the report under paragraph (1) to the European Commission.
(4) The Minister shall make such arrangements as he or she considers appropriate for a copy of any report provided to the European Commission under paragraph (1) to be made available for inspection by members of the public.
(5) The Minister shall forward to the European Commission every three years, starting from 7 April 1981, a report on the implementation of national provisions taken under the Birds Directive.
(6) A public authority shall furnish to the Minister, within a reasonable period to be specified by the Minister and in such format as he or she may specify, when the Minister reasonably requests it, any information at its disposal which he or she considers relevant for the purposes of drawing up any report under this Regulation.
(7) The Minister shall furnish, within a reasonable period to be specified by him or her, when requested by a public authority to do so, a statement of the conservation objectives of any European Site.
Power of the Minister to obtain information from public authorities
(1) A public authority shall provide to the Minister any information that it holds, or that is under its control, that the Minister requests in writing from the public authority, being information that the Minister considers is required for a properly informed exercise by him or her of his or her functions under these Regulations.
(2) Without prejudice to the generality of paragraph (1), information shall include data, statistics, records, observations, reports, and the results and conclusions of research or monitoring or inspection.
(3) Where the public authority does not hold all, or any, of the information requested by the Minister and all or any of that information is not under its control, the public authority shall, as soon as may be, inform the Minister of that fact within 28 days of the date on which the Minister made his or her request.
(4) Subject to paragraph (3) and (5), the public authority shall provide the information referred to in paragraph (1) within 28 days after the date on which the Minister made the request.
(5) Where the public authority is unable to provide all or any of the information referred to in paragraph (1) within 28 days after the Minister made the request, the public authority shall inform the Minister of the date by which it expects to provide the information or the outstanding information and of the reason for the delay, and the public authority shall provide the information to the Minister within 48 days after the Minister made the request, or such other reasonable period as may be agreed with the Minister.
Retention of records
(1) A public authority shall retain all records of or in relation to—
(a) the conclusions of any screening for Appropriate Assessment pursuant to the Habitats Directive and the reasons therefore,
(b) the conclusions of any Appropriate Assessment pursuant to the Habitats Directive and the reasons therefore,
(c) the decision to agree or to disagree with any plan or project which was the subject matter of a screening for Appropriate Assessment and, if applicable, an Appropriate Assessment pursuant to the Habitats Directive and the reasons therefore,
(d) information submitted by an applicant for consent pursuant to Regulation 42,
(e) the considerations of overriding public interest and the processes of Regulation 43,
(f) any consent to which these Regulations relate, and
(g) the adoption or undertaking of a plan or project, to which these Regulations relate, by a public authority, including information compiled or prepared pursuant to Regulations 42(8) and 42(12),
for a period of at least 12 years, or such longer period as the Minister may, by Direction given under this Regulation, specify.
(2) A public authority shall furnish, when requested by the Minister to do so, a copy of any of the records referred to in paragraph (1) or, if the Minister so requests, a compilation or summary or abstract of any such records in such format as he or she may specify.
(3) A public authority shall furnish, when requested by another public authority to do so, a copy of any of the records referred to in paragraph (1).
(4) The Minister shall, by Direction, specify the content and format of information to be provided by a public authority on its website or, if specified in the Direction, in a national, regional or local database, in relation to plans and projects that it has approved for the purposes of facilitating the evaluation by other public authorities, pursuant to Regulation 42, of whether a combination of plans and projects may have a significant effect on a European Site for the purposes of Article 6(3) of the Habitats Directive.
(5) A public authority shall provide information in relation to plans and projects that it has approved, in accordance with a Direction given by the Minister under paragraph (4).
(6)(a) The Minister may cause an examination of all or of any of the records referred to in paragraph (1) to be carried out on his behalf, and such an examination may investigate any aspect or aspects of the manner in which the public authority has exercised its responsibilities under these Regulations.
- (*b*) Following the completion of an examination under *subparagraph (a)*, the Minister may make such recommendations to the public authority as he or she considers appropriate, giving the reasons for his or her recommendations. - (*c*) A public authority shall facilitate the carrying out of an examination under this paragraph. *Veracity and completeness of information, data and declarations* 62. (1)(*a*) Where a person submits or is required to submit or prepares or is required to prepare for submission information or data, including but not limited to a Natura Impact Statement, in relation to— - (i) an application to a public authority for consent to undertake a plan or project, or - (ii) a decision by a public authority to adopt or undertake a plan or project, and such person supplies false information or withholds or fails to divulge information or data likely to be relevant to the determination by a public authority under Article 6(3) of the Habitats Directive of whether it may agree to the plan or project, having ascertained whether the plan or project, individually or in combination with other plans or projects, will have a significant effect on, or adversely affect the integrity of, a European Site, - (*b*) where a person, in applying for a licence, permit or derogation under these Regulations, supplies false information to the public authority to which the application was made, or withholds information which he or she believes to be relevant to the decision to be made on his or her application by the public authority, or - (*c*) where a person makes a declaration pursuant to *Regulation 13(2), 17(2), 33(2), 37(2)* or *37(4)*, and that declaration is, in any respect, false or misleading, that person shall be guilty of an offence.
- (2) It shall be a defence to a charge of committing an offence under this Regulation to prove that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.
General provisions regarding licences etc
(1) A licence, consent, permission, permit, derogation or other authorisation given by the Minister or by a public authority under, pursuant to or in accordance with these Regulations may be subject to such terms, conditions, restrictions or requirements as may be specified in the licence, consent, permission, permit, derogation or other such authorisation for the purposes of complying with the requirements of the Habitats Directive or the Birds Directive.
(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.
(3) A person who fails to comply with the terms, conditions, restrictions or requirements of a licence, consent, permission, permit, derogation or other authorisation given by a public authority pursuant to or in accordance with these Regulations shall be guilty of an offence.
(4) A public authority may decide at any time to vary such terms, conditions, restrictions or requirements referred to in paragraph (1) as the public authority deems appropriate, or revoke such licence, consent, permission, permit, derogation or other authorisation referred to in paragraph (1) if, in the opinion of the public authority—
(a) the said terms, conditions, restrictions or requirements attached to such licence, consent, permission, permit, derogation or other authorisation have been breached, or
(b) where the continuation of such licence, consent, permission, permit, derogation or other authorisation would result in the deterioration of natural habitats and the habitats of species as well as the disturbance of species for which a European Site has been selected, in so far as such disturbance could be significant in relation to the objectives of the Habitats Directive and Birds Directive,
and the public authority shall communicate in writing its decision to the person concerned.
(5)Paragraph (4) shall not apply where a licence, consent, permission, permit, derogation or other authorisation has been given on the grounds of overriding public interest, and any activity thereunder has been lawfully carried out, or for the purposes of meeting the objectives of the Habitats Directive or the Birds Directive.
(6) A public authority shall not give a licence, consent, permission, permit, derogation or other authorisation in respect of any activity, plan or project until after the completion of an Environmental Impact Statement or Environmental Report where the completion of same is required by any enactment.
(7) A public authority shall not give a licence, consent, permission, permit, derogation or other authorisation in respect of any activity, plan or project where the public authority is aware from an Environmental Impact Statement or Environmental Report required by any enactment or from surveillance carried out or from action taken on foot of Ministerial guidance contained in a Code of Practice, including guidance relating to the protection of Annex IV Species, or from other information available to the public authority, that the giving of the licence, consent, permission, permit, derogation or other authorisation would not be in compliance with the provisions of Regulation 51, 52 or 53 unless the Minister has granted a licence pursuant to Regulation 54 or 55.
(8) For the avoidance of doubt, a licence, consent, permission, permit, derogation or other authorisation to which paragraph (1) applies includes any such licence, consent, permission, permit, derogation or other authorisation granted under these Regulations or under any other statute to which these Regulations apply.
Licenced wildlife dealer
- For the avoidance of doubt, a licenced wildlife dealer, within the meaning of the Wildlife Acts 1976 to 2010, is not exempt from the provisions of these Regulations.
Offence of inciting or aiding and abetting
- A person who incites, directs, procures, permits or assists another person to carry out an action that is an offence under these Regulations shall also be guilty of an offence.
Offences by Body Corporate
- 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 the offence and both the Body Corporate and the individual shall be liable to be proceeded against and punished as if guilty of the first-mentioned offence.
Offences and penalties
(1) A person who commits an offence under Regulation 5(7)(a), 5(7)(d), 5(10), 7(2), 23(3), 35(4)(d)(i) or 35(4)(d)(iii) is liable on summary conviction to a Class A fine or imprisonment for a term not exceeding six months, or both.
(2) A person who commits an offence under Regulation 5(7)(b), 5(7)(c), 7(4)(b), 7(4)(e), 9(13), 28(9), 29(3), 30(9), 31(10), 32(8), 35(1), 35(4)(c), 35(4)(d)(ii), 35(6)(g), 35(10), 35(16), 36(2), 36(3)(b), 36(7), 49(1), 49(2), 50(1), 50(2), 50(3), 51(2), 52(2), 53(5), 53(7), 58(3), 62(1), 63(3), 65, 74(3), 74(6) or 74(9) is liable—
(a) on summary conviction, to a Class A fine or imprisonment for a term not exceeding six months, or both, or
(b) on conviction on indictment, to a fine not exceeding €500,000, or imprisonment for a term not exceeding three years, or both.
(3) In imposing any penalty under paragraph (1) or (2), the court shall, in particular, have regard to the risk or extent of injury to the environment arising from the act or omission constituting the offence, and to the polluter pays principle.
Prosecution of offences
Summary proceedings for offences under these Regulations may be brought by—
(a) the Minister or another Minister of Government,
(b) an officer of the Minister or of another Minister of Government or other person nominated by the Minister or by another Minister of Government for the purpose,
(c) subject to Section 8 of the Garda Síochána Act 2005, by a member of An Garda Síochána, or
(d) a public authority as defined in these Regulations.
Cost of prosecutions
(1) Where a person is convicted of an offence under these Regulations, the court shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to—
(a) the Minister or another Minister of Government,
(b) an officer of the Minister or of another Minister of Government or other person nominated by the Minister or by another Minister of Government for the purpose,
(c) subject to Section 8 of the Garda Síochána Act 2005, by a member of An Garda Síochána, or
(d) a public authority as defined in these Regulations,
the costs and expenses, measured by the court, incurred by such Minister or other person in relation to the investigation, detection or prosecution of the offence.
(2) Costs and expenses referred to in paragraph (1) may include costs and expenses incurred in relation to any one or more of the following—
(a) the taking of samples,
(b) the carrying out of tests,
(c) examinations and analyses, and
(d) the remuneration and other expenses of authorised officers, consultants and advisers.
Payment of fines to prosecuting authorities
- (1) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under these Regulations, it shall, on the application of the Minister, another Minister of Government or other person who brought the prosecution, provide by order for the payment of the amount of the fine to such Minister or other person.
(2) Payment to be paid under paragraph (1) may be enforced by the Minister, other Minister of Government or another person specified in paragraph (1) as if it were due on foot of a decree or order made by the court in civil proceedings.
Guidelines and codes of practice
(1) The Minister may issue guidelines and codes of practice in relation to the performance of the functions of public authorities insofar as the requirements of these Regulations, the Habitats Directive or the Birds Directive apply to those functions, or in relation to the general duties of other persons to which these Regulations apply.
(2) The Minister may issue such guidelines and codes of practice as he or she considers appropriate for the guidance of the public in relation to these Regulations.
(3) The Minister shall, in particular, issue guidelines for the strict protection of the animal species listed in Annex IV(a) of the Habitats Directive.
(4) Guidelines under this Regulation shall address the steps that public authorities, in the exercise of their functions, including works and maintenance and in giving statutory or other consent or licensing or adopting or carrying out plans or projects, shall take to avoid, in relation to the species listed in Annex IV(a) of the Habitats Directive—
(a) all forms of deliberate capture or killing of specimens of these species in the wild,
(b) deliberate disturbance of these species, particularly during the period of breeding, rearing, hibernation and migration,
(c) deliberate destruction or taking of eggs from the wild, and
(d) deterioration or destruction of breeding sites or resting places,
which shall include, as appropriate, notifying persons seeking or receiving statutory or other approval, licence, permit or any other form of consent, of their obligations under Regulation 54.
Guidelines and codes of practice in criminal and civil proceedings
- (1) Without prejudice to Regulation 63, and subject to paragraph (2), failure on the part of any person to observe any provision of a guideline or a code of practice issued under Regulation 71 shall not of itself render that person liable to any civil or criminal proceedings.
(2) Where in any criminal proceedings a party is alleged to have committed an offence under these Regulations, being a provision for which there was a guideline or a code of practice at the time of the alleged contravention, paragraph (3) shall have effect with respect to that guideline or code of practice in relation to those proceedings.
(3) Any provision of a guideline or code of practice which appears to the court to give practical guidance as to the observance of the requirement or prohibition alleged to have been contravened shall be admissible in evidence; and if it is proved that any act or omission of the defendant alleged to constitute the contravention is a failure to observe such provision of the guideline or code of practice, or if it is proved that any act or omission of the defendant is in compliance with such provision of the guideline or code of practice, then such failure or compliance shall be admissible in evidence.
Revocations and savings
(1) The European Communities (Natural Habitats) Regulations 1997 and all amendments of those Regulations are revoked.
(2) The European Communities (Birds and Natural Habitats) (Control of Recreational Activities) Regulations 2010 are revoked.
(3) Notwithstanding paragraphs (1) and (2)—
(a) any civil proceedings brought under the Regulations revoked in paragraph (1) or (2) and pending when these Regulations come into operation may be continued as if they had been brought under these Regulations,
(b) if any criminal proceedings for any offence under the Regulations revoked in paragraph (1) or (2)—
(i) were pending immediately before the making of these Regulations, or
(ii) could have been brought under the Regulations revoked in paragraph (1) or (2) before the making of these Regulations,
the proceedings may be prosecuted and disposed of, or may be brought, prosecuted and disposed of under the Regulations revoked in paragraph (1) or (2) as if those Regulations were not so revoked,
(c) any document, notice, decision, appointment, consent, authorisation, agreement, act or thing given, issued, sent, made or done by the Minister or other public authority under the Regulations revoked in paragraph (1) or (2) which has full force and effect immediately before the making of these Regulations shall continue to have full force and effect on and after the commencement of these Regulations and shall be dealt with as if issued, sent, made or done under these Regulations, and
(d) any decision, appointment, consent, authorisation, agreement, act or thing commenced but not completed by the Minister, or other public authority, under the Regulations revoked in paragraph (1) or (2) may be continued and completed by the Minister, or other public authority, under these Regulations.
(4) A reference, in any enactment, to the Regulations revoked in paragraph (1) or (2) is, unless the context otherwise requires, construed and has effect as if the reference is reference to these Regulations or the corresponding provision of these Regulations.
(5) Where any document or notice refers to the Regulations revoked in paragraph (1) or (2) and provision is made by these Regulations corresponding to those Regulations, then, unless the context otherwise requires, that reference shall be construed as, or as the case may be, as including a reference to, the corresponding provision of these Regulations.
(6) A reference in any enactment to a European Site shall, unless the context otherwise requires, be deemed to be a reference to a European Site as defined in these Regulations.
(7) Notwithstanding the revocation of the Regulations referred to in paragraph (1) and (2), European Sites which have full force and effect immediately before the making of these Regulations shall continue to have full force and effect on and after the commencement of these Regulations.
(8) For the avoidance of doubt, Regulation 2 of the European Communities (Natural Habitats) (Amendment) Regulations 2005, is not revoked as it does not constitute amendments of the European Communities (Natural Habitats) Regulations 1997.
Transitional provisions in relation to Regulations 49 and 50
(1)Regulation 50 shall come into effect on the date on which the Minister gives public notice of its coming into effect.
(2) A person referred to in Regulation 50(1) who, on the date on which that Regulation comes into effect, has in his or her possession an animal, plant, thing or vector material referred to in subparagraphs (a), (b) or (c) of that Regulation (referred to in this Regulation as “items”) shall, within 21 days after that date, submit to the Minister particulars of the items that he or she has in his or her possession.
(3) A person referred to in paragraph (2) who fails to submit particulars to the Minister in accordance with that paragraph shall be guilty of an offence.
(4) The Minister shall acknowledge in writing receipt of the particulars of the items and following an inspection, if the Minister considers it appropriate, by an authorised officer, he or she shall grant a transitional licence to the person who submitted the particulars, authorising that person to be in possession of the items specified therein.
(5) A transitional licence shall be for such period, not exceeding six months, as the Minister considers appropriate, and it may contain conditions and may require the licensee to take specified actions, which may include the disposal of the items and the manner of their disposal, within a specified period.
(6) A person who fails to comply with the conditions of a transitional licence or who has failed to take actions required under such a licence within the period specified in the licence shall be guilty of an offence.
(7) A person who has received a transitional licence under paragraph (3) may, not later than 21 days before the expiry of the transitional licence, apply for a licence in accordance with Regulation 50(7) in respect of the items that he or she has in his or her possession.
(8) If the Minister refuses to grant a licence under Regulation 50(7) in respect of the items that a person who has a transitional licence has in his or her possession, the Minister may advise or, if he or she considers it necessary, direct by notice given in writing, that person in relation to the disposal of the items concerned and the manner of their disposal.
(9) A person who fails to comply with a direction under paragraph (8) shall be guilty of an offence.
(10) The Minister may provide compensation where a person can establish that he or she suffered a financial loss as a consequence of being prevented by Regulation 50 from selling any of the items that were in his or her possession on the date on which public notice was given, and may reimburse vouched expenses incurred by a person in the disposal of such items in accordance with the requirements of a transitional licence or of a direction under paragraph (8).
(11) For the purposes of the effective and equitable implementation of Regulations 49 and 50, the Minister may, by public notice or otherwise, provide such derogations from the provisions of these Regulations as may be necessary to facilitate the management and depletion of existing items or stocks of items and to consider any applications for licences for which persons in possession of such items or stocks of items may wish to apply.
FIRST SCHEDULE
FLORA AND FAUNA
PART 1
All species listed in Annex IV of the Habitats Directive
PART 2
All species listed in Annex V of the Habitats Directive.
SECOND SCHEDULE
Number Year Short Title/Citation Agriculture Acts 1931 to 1980 6 1987 Air Pollution Act, 1987 Airports and Aviation Acts 1936 to 2004 Aquaculture Acts 1997 to 2006 33 1925 Arterial Drainage Act, 1925 23 1928 Arterial Drainage (Minor Schemes) Act, 1928 Arterial Drainage Acts 1945 and 1995 Aviation Regulation Acts 2001 to 2004 Barrow Drainage Acts 1927 and 1933 British-Irish Agreement Acts 1999 and 2002 Canals Act 1986 and 2005 12 1963 Coast Protection Act, 1963 Communications Regulation Acts 2002 to 2010 Customs-free Airport Acts 1947 to 2004 14 1990 Derelict Sites Act, 1990 Destructive Insects and Pests Acts 1958 and 1991 15 2008 Dublin Transport Authority Act, 2008 Dumping at Sea Acts 1996 to 2009 Electricity (Supply) Acts 1927 to 2004 Electricity and Gas Regulations Acts 1999 to 2002 40 2006 Energy (Miscellaneous Provisions) Act, 2006 35 1995 Energy (Miscelleneous Provisions) Act, 1995 Environmental Protection Agency Acts 1992 and 2003 15 1950 Erne Drainage & Development Act, 1950 Fisheries Acts 1959 to 2003 54 1998 Fisheries and Foreshore (Amendment) Act, 1998 Fisheries Harbour Centres Acts 1968 and 1980 Foreshore Acts 1933 to 2011 Forestry Acts 1946 to 1988 17 2007 Foyle & Carlingford Fisheries Act, 2007 Foyle Fisheries Acts 1952 to 1983 10 2002 Gas (Interim) (Regulation) Act, 2002 Gas Acts 1976 to 2009 Harbours Acts 1996 to 2009 Housing Acts 1966 to 2009 Inland Fisheries Acts 1959 to 2010 42 1923 Land Act, 1923 19 1927 Land Act, 1927 41 1936 Land Act, 1936 26 1939 Land Act, 1939 12 1946 Land Act, 1946 16 1950 Land Act, 1950 18 1953 Land Act, 1953 21 1954 Land Act, 1954 2 1965 Land Act, 1965 24 1984 Land Act, 1984 24 2005 Land Act, 2005 25 1949 Land Reclamation Act, 1949 Lands Clauses Consolidation Act, 1845 54 1936 Liffey Reservoir Act, 1936 17 1949 Local Authorities (Works) Act, 1949 Local Government (Sanitary Services) Acts 1878 to 2001 Local Government (Water Pollution) Acts 1977 to 2007 Local Government Acts 1925 to 2003 Maritime Safety Acts 1992 to 2006 Minerals Development Acts 1940 to 1995 Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Acts 2003 and 2007 National Monuments Acts 1930 to 2004 38 1936 Noxious Weeds Act, 1936 4 2010 Petroleum (Exploration & Extraction) Safety Act 2010 Petroleum and Other Minerals Development Acts 1960 and 1995 Plant Varieties (Proprietary Rights) Acts 1980 and 1998 27 2003 Protection of the Environment Act 2003 37 2009 Public Transport Regulation Act, 2009 Radiological Protection Acts 1991 to 2002 Registration of Deeds and Title Acts 1964 and 2006 Roads Acts 1993 to 2007 Road Traffic Acts 1961 to 2010 8 1933 Road Transport Act, 1933 17 1934 Road Transport Act, 1934 23 1935 Road Transport Act, 1935 Safety, Health and Welfare at Work Acts 2005 and 2010 8 2006 Sea Fisheries and Maritime Jurisdiction Act, 2006 Sea Pollution Acts 1991 to 2006 Sea-Fisheries Acts 2003 to 2007 Shannon Electricity Acts 1925 and 1933 Shannon Fisheries Acts 1935 and 1938 Shannon Navigation Acts 1990 and 2005 25 1954 State Property Act, 1954 Transport (Dublin Light Rail) Acts 1996 and 1998 55 2001 Transport (Railway Infrastructure) Act, 2001 21 1944 Transport Act, 1944 12 1950 Transport Act, 1950 25 1955 Transport Act, 1955 19 1958 Transport Act, 1958 31 1959 Transport Act, 1959 17 1963 Transport Act, 1963 30 1964 Transport Act, 1964 26 1966 Transport Act, 1966 31 1969 Transport Act, 1969 24 1970 Transport Act, 1970 1 1974 Transport Act, 1974 23 1981 Transport Act, 1981 37 1983 Transport Act, 1983 15 1985 Transport Act, 1985 27 1987 Transport Act, 1987 31 1986 Transport (Re-organisation of Córas Iompair Éireann) Act, 1986 23 1936 Turf (Use and Development) Act, 1936 Turf Development Acts 1946 to 1998 Údarás na Gaeltachta Acts 1979 to 2010 Waste Management Acts 1996 to 2003 30 2007 Water Services Act, 2007 1 1942 Water Supplies Act, 1942 4 1937 Whale Fisheries Act, 1937 Wildlife Acts 1976 to 2010 THIRD SCHEDULE
Non-native species subject to restrictions under Regulations 49 and 50
Part 1: PLANTS
First column Second column Third column Common name Scientific name Geographical application American skunk-cabbage Lysichiton americanus Throughout the State A red alga Grateloupia doryphora Throughout the State Brazilian giant-rhubarb Gunnera manicata Throughout the State Broad-leaved rush Juncus planifolius Throughout the State Cape pondweed Aponogeton distachyos Throughout the State Cord-grasses Spartina (all species and hybrids) Throughout the State Curly waterweed Lagarosiphon major Throughout the State Dwarf eel-grass Zostera japonica Throughout the State Fanwort Cabomba caroliniana Throughout the State Floating pennywort Hydrocotyle ranunculoides Throughout the State Fringed water-lily Nymphoides peltata Throughout the State Giant hogweed Heracleum mantegazzianum Throughout the State Giant knotweed Fallopia sachalinensis Throughout the State Giant-rhubarb Gunnera tinctoria Throughout the State Giant salvinia Salvinia molesta Throughout the State Himalayan balsam Impatiens glandulifera Throughout the State Himalayan knotweed Persicaria wallichii Throughout the State Hottentot-fig Carpobrotus edulis Throughout the State Japanese knotweed Fallopia japonica Throughout the State Large-flowered waterweed Egeria densa Throughout the State Mile-a-minute weed Persicaria perfoliata Throughout the State New Zealand pigmyweed Crassula helmsii Throughout the State Parrots feather Myriophyllum aquaticum Throughout the State Rhododendron Rhododendron ponticum Throughout the State Salmonberry Rubus spectabilis Throughout the State Sea-buckthorn Hippophae rhamnoides Throughout the State Spanish bluebell Hyacinthoides hispanica Throughout the State Three-cornered leek Allium triquetrum Throughout the State Wakame Undaria pinnatifida Throughout the State Water chestnut Trapa natans Throughout the State Water fern Azolla filiculoides Throughout the State Water lettuce Pistia stratiotes Throughout the State Water-primrose Ludwigia (all species) Throughout the State Waterweeds Elodea (all species) Throughout the State Wireweed Sargassum muticum Throughout the State Part 2: ANIMALS
A: animals to which Regulations 49 and 50 apply throughout the State or in particular places or categories of places.
First column Second column Third Column Common name Scientific name Geographical application A colonial sea squirt Didemnum spp. Throughout the State A colonial sea squirt Perophora japonica Throughout the State All freshwater crayfish species except the white-clawed crayfish All freshwater crayfish species except Austropotamobius pallipes Throughout the State American bullfrog Rana catesbeiana Throughout the State American mink Neovison vison Throughout the State American oyster drill Urosalpinx cinerea Throughout the State Asian oyster drill Ceratostoma inornatum Throughout the State Asian rapa whelk Rapana venosa Throughout the State Asian river clam Corbicula fluminea Throughout the State Bay barnacle Balanus improvisus Throughout the State Black rat Rattus rattus Offshore islands only Brown hare Lepus europaeus Throughout the State Brown rat Rattus norvegicus Offshore islands only Canada goose Branta canadensis Throughout the State Carp Cyprinus carpio Throughout the State Chinese mitten crab Eriocheir sinensis Throughout the State Chinese water deer Hydropotes inermis Throughout the State Chub Leuciscus cephalus Throughout the State Common toad Bufo bufo Throughout the State Coypu Myocastor coypus Throughout the State Dace Leuciscus leuciscus Throughout the State Freshwater shrimp Dikerogammarus villosus Throughout the State Fox Vulpes vulpes Offshore islands only Grey squirrel Sciurus carolinensis Throughout the State Greylag goose Anser anser Throughout the State Harlequin Ladybird Harmonia axyridis Throughout the State Hedgehog Erinaceus europaeus Offshore islands only Irish stoat Mustela erminea hibernicus Offshore islands only Japanese skeleton shrimp Caprella mutica Throughout the State Muntjac deer Muntiacus reevesi Throughout the State Muskrat Ondatra zibethicus Throughout the State Quagga Mussel Dreissena rostriformis Throughout the State Roach Rutilus rutilus Throughout the State Roe deer Capreolus capreolus Throughout the State Ruddy duck Oxyura jamaicensis Throughout the State Siberian chipmunk Tamias sibiricus Throughout the State Slipper limpet Crepidula fornicata Throughout the State Stalked sea squirt Styela clava Throughout the State Tawny owl Strix aluco Throughout the State Wild boar Sus scrofa Throughout the State Zebra mussel Dreissena polymorpha Throughout the State B: animals to which specified provisions of Regulations 49 and 50 apply.
First column Second column Third Column Common name Scientific name Geographical application Fallow deer Dama dama Throughout the State Sika deer Cervus nippon Throughout the State Part 3: VECTOR MATERIALS
First column Second column Third Column Vector material Species referred to Geographical application Blue mussel (Mytilus edulis) seed for aquaculture taken from places (including places outside the State) where there are established populations of the slipper limpet (Crepidula fornicata) or from places within 50 km. of such places Mussel (Mytilus edulis) Slipper limpet (Crepidula fornicata) Throughout the State Soil or spoil taken from places infested with Japanese knotweed (Fallopia japonica), giant knotweed (Fallopia sachalinensis) or their hybrid Bohemian knotweed (Fallopia x bohemica) Japanese knotweed (Fallopia japonica) Giant knotweed (Fallopia sachalinensis) Bohemian knotweed(Fallopia x bohemica) Throughout the State FOURTH SCHEDULE:
Species Annex of Habitats Directive Allis shad (Alosa alosa) II & V Brook lamprey (Lampetra planeri) II Killarney shad (Alosa fallax killarnensis) II & V Pollan (Coregonus autumnalis) V River lamprey (Lampetra fluviatilis) II & V Salmon (Salmo salar) (in freshwater only) II & V Sea lamprey (Petromyzon marinus) II Twaite shad (Alosa fallax) II & V GIVEN under the Official Seal of the Minister for Arts, Heritage and the Gaeltacht,
21 September 2011.
JIMMY DEENIHAN,
Minister for Arts, Heritage and the Gaeltacht.
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