European Communities (Birds and Natural Habitats) (Control of Recreational Activities) Regulations, 2010

• Jurisdiction: Ireland
• Citation: IR SI 293/2010

INDEX

Regulation

1. Citation

2. Interpretation

3. Appointment of Authorised Officers

4. Functions of Authorised Officers

5. Search Warrant

6. Functions relating to the Prohibition of Off-Road Vehicles and Recreational Watercraft

7. Erection of Notices

8. Ministerial Directions Prohibiting Specified Recreational Activities in Specified Places

9. Public Notice of Prohibited Recreational Activities

10. Objections Relating to Restrictions on Carrying Out Recreational Activities in a European Site or at Specified Land

11. Damage to European Site

12. Injunctions

13. Threat Response Plan

14. Offence of Aiding or Abetting

15. Offences by Body Corporate

16. Offences and Penalties

17. Prosecution of Offences

18. Cost of Prosecutions

19. Payment of Fines to Prosecuting Authorities

20. Guidelines and Codes of Practice

21. Guidelines and Codes of Practice in Criminal and Civil Proceedings

S.I. No. 293 of 2010

EUROPEAN COMMUNITIES (BIRDS AND NATURAL HABITATS) (CONTROL OF RECREATIONAL ACTIVITIES) REGULATIONS 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 25th June, 2010.

WHEREAS, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, having regard to section 3(3) of the European Communities Act 1972 (as inserted by section 2 of the European Communities Act 2007 and as amended by section 4 of the European Union Act 2009 ) (hereinafter referred to as the Act of 1972), consider it necessary for the purpose of giving further effect to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 (which codifies Council Directive 79/409/EEC of 2 April 1979 (as amended)) and Council Directive 92/43/EEC of 21 May 1992 (as amended by Council Directive 97/62/EC of 27 October 1997, Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 2003, Council Directive 2006/105/EC of 20 November 2006 and as amended by Act of Accession of Austria, Sweden and Finland (adapted by Council Decision 95/1/EC, Euratom, ECSC), Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded and as amended by the Corrigendum to that Directive) to make provision for offences under the following Regulations to be prosecuted on indictment:

AND WHEREAS, I consider that it is necessary, having further regard to section 3(3) of the Act of 1972, and for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner under the following Regulations are effective, proportionate and have a deterrent effect, having regard to the acts or omissions of which the offence consists, to make such provision in the following Regulations:

NOW THEREFORE, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) as amended by the European Communities Act 2007 (No. 18 of 2007) and the European Union Act 2009 (No. 33 of 2009) and for the purpose of giving effect to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 (which codifies Council Directive 79/409/EEC of 2 April 1979 (as amended)) and Council Directive 92/43/EEC of 21 May 1992 (as amended by Council Directive 97/62/EC of 27 October 1997, Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 2003, Council Directive 2006/105/EC of 20 November 2006 and as amended by Act of Accession of Austria, Sweden and Finland (adapted by Council Decision 95/1/EC, Euratom, ECSC), Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which, the European Union is founded and as amended by the Corrigendum to that Directive) hereby make the following Regulations:

Citation

1. (1) These Regulations may be cited as the European Communities (Birds and Natural Habitats) (Control of Recreational Activities) Regulations 2010.

(2) The Wildlife Act, 1976 (No. 39 of 1976), the Wildlife (Amendment) Act 2000 (No. 38 of 2000), the European Communities (Natural Habitats) Regulations 1997 to 2005 and these Regulations shall be construed together as one.

(3) These Regulations shall come into operation on the 18 June 2010.

Interpretation

2. (1) In these Regulations, save where the context otherwise requires:

“the Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 (which codifies Council Directive 79/409/EEC of 2 April 1979 (as amended));

“authorised officer” means a person appointed as an authorised officer under Regulation 3;

“conservation” means a series of measures required to maintain or restore the natural habitats and the populations of species of wild fauna and flora at a favourable conservation status of a natural habitat and a favourable conservation status of a species;

“conservation status of a natural habitat” means the sum of the influences acting on a natural habitat and its typical species that may affect its long-term natural distribution, structure and functions as well as the long-term survival of its typical species;

“conservation status of a species” means the sum of the influences acting on the species concerned that may affect the long-term distribution and abundance of its populations;

“the Council” means the Council of the European Union;

“European Site” means—

(a) a candidate site of Community importance,

(b) a site of Community importance,

(c) a special area of conservation,

(d) a candidate special protection area, or

(e) a special protection area;

“favourable conservation status of a natural habitat” means the conservation status of a natural habitat which is taken as favourable when:

(a) its natural range and areas it covers within that range are stable or increasing, and

(b) the specific structure and functions which are necessary for its long-term maintenance exist and are likely to continue to exist for the foreseeable future, and

(c) the conservation status of its typical species is favourable;

“favourable conservation status of a species” means the conservation status of a species which is taken as favourable when:

(a) population dynamics data on the species concerned indicate that it is maintaining itself on a long-term basis as a viable component of its natural habitats, and

(b) the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future, and

(c) there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis;

“foreshore” has the meaning assigned to it by the Foreshore Acts 1933 to 2009;

"functions" include powers and duties;

“the Habitats Directive” means Council Directive 92/43/EEC of 21 May 1992 (as amended by Council Directive 97/62/EC of 27 October 1997, Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 2003, Council Directive 2006/105/EC of 20 November 2006 and as amended by Act of Accession of Austria, Sweden and Finland (adapted by Council Decision 95/1/EC, Euratom, ECSC), Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded and as amended by the Corrigendum to that Directive);

“habitat of a species” means an environment defined by specific abiotic and biotic factors in which the species lives at any stage of its biological cycle;

“inland waters” means any waters comprised in the internal or inland waters of the State;

“land” where the context admits, includes

(a) any land,

(b) land covered by water including inland waters,

(c) inland waters,

(d) the foreshore,

(e) the territorial seas of the State, and the seabed and subsoil beneath those seas,

(f) the exclusive economic zone of the State, including the waters above its seabed and the seabed and ocean floor and subsoil beneath those waters,

(g) the seabed and ocean floor and subsoil situated in any area designated under section 2 of the Continental Shelf Act 1968 ,

and in relation to the acquisition of land also includes any easement, profit à prendre or other right in, to or over land or water including any easement, profit à prendre or other right granted to or held by the Minister;

“local authority” means a county council, a city council, a borough council or a town council within the meaning of the Local Government Act 2001 (No. 37 of 2001) and includes a sanitary authority, a water services authority, a planning authority and a road authority;

“management agreement” means an agreement entered into with a public authority for the purposes of the Habitats Directive or the Birds Directive and may include, but is not limited to, an agreement entered into under section 18 of the Principal Act or an agri-environmental scheme;

“the Minister” means the Minister for the Environment, Heritage and Local Government;

“NATURA 2000” means the European network of special areas of conservation and special protection areas under the Birds Directive, provided for by paragraph 1 of Article 3 of the Habitats...