European Communities (Birds and Natural Habitats)(Restrictions on use of Poisoned Bait) Regulations 2010

• Jurisdiction: Ireland
• Citation: IR SI 481/2010
• Year: 2010

ARRANGEMENT OF ARTICLES

1. Citation

2. Interpretation

3. Service of Notices

4. Prohibition of use of certain poisoned bait

5. Derogations

6. Miscellaneous Amendments

7. Appointment of Authorised Officers

8. Functions of Authorised Officers

9. Search Warrant

10. Offences and penalties

11. Prosecution of offences

12. Cost of prosecutions

13. Payment of fines to prosecuting authorities

S.I. No. 481 of 2010

EUROPEAN COMMUNITIES (BIRDS AND NATURAL HABITATS) (RESTRICTIONS ON USE OF POISON BAIT) REGULATIONS 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th October, 2010.

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) and for the purpose of giving effect to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (codified version), 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, hereby make the following Regulations.

Citation

1. These Regulations may be cited as the European Communities (Birds and Natural Habitats)(Restrictions on use of Poisoned Bait) Regulations 2010.

Interpretation

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

“authorised officer” means a person appointed as an authorised officer under Regulation 7;

“the Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20091 (which codifies Council Directive 79/409/EEC of 2 April 19792 (as amended));

“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 19923 (as amended by Council Directive 97/62/EC of 27 October 19974 , Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 20035 , Council Directive 2006/105/EC of 20 November 20066 and as amended by Act of Accession of Austria, Sweden and Finland7 (adapted by Council Decision 95/1/EC, Euratom, ECSC8 ), 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 founded9 and as amended by the Corrigendum to that Directive10 )

“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;

“poisoned or anaesthetic bait” includes any substance that is, or is treated with, any poison, stupefying or anaesthetic substance or other substance which has, or is likely to have, the effect of poisoning, stupefying, anaesthetising, harming or injuring any individual of any species referred to in Regulation 4(1);

“premises” includes lands and structures;

"the Minister" means the Minister for the Environment, Heritage and Local Government;

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

Service of Notices

3.—(1) A notice, or other document or thing, required to be served or given under, these Regulations shall be addressed to the person concerned and served or given

(a) by addressing it to the person by name and delivering it to him or her,

(b) by leaving it at the address at which the person ordinarily resides or carries on business,

(c) by sending it by post in a prepaid registered letter addressed to him or her at the address at which he or she ordinarily resides or carries on business,

(d) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to him or her to, that address, or

(e) where there is a facility for receiving a copy of the notice by electronic mail or a facsimile of the notice by electronic means at the address at which the person ordinarily resides or carries on business, by transmitting a copy of the notice by electronic mail or a facsimile of the notice by such means to that address, provided that the notice is also served or given in any of the other ways referred to in this paragraph other than this subparagraph.

(2) If the name of a person concerned cannot be ascertained after reasonable inquiry a notice under these Regulations may be addressed to “the occupier”, “the owner” or “the person in charge”.

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

Prohibition of use of certain poisoned bait

4. (1) A person shall not place, cause to be placed or permit to be placed or have with him or her any poisoned or anaesthetic bait that is animal or contains animal substance or other animal derivative in any place to capture, kill, poison, stupefy, anaesthetise, harm or injure or where it is likely to capture, kill, poison, stupefy, anaesthetise, harm or injure:

(i) any species referred to in Article 1 of the Birds Directive, or

(ii) any species of wild fauna listed in Annexes IV(a) and V(a) to the Habitats Directive,

except in accordance with a licence.

(2) A person who contravenes paragraph (1) commits an offence.

(3) For the purposes of this Regulation, a licence means a licence, permit or authorisation granted under these Regulations or the Wildlife Acts, 1976 — 2010 or a declaration made under Regulation 3 of the European Communities (Wildlife Act, 1976) (Amendment) Regulations, 1986 ( S.I. No. 254 of 1986 ) as amended by the European Communities (Wildlife Act, 1976) (Amendment) Regulations, 1997 ( S.I. No. 152 of 1997 ).

(4) For the avoidance of doubt, in the event of conflict between these Regulations and sections 22(5) and 23(7) of the Wildlife Act 1976 these Regulations prevail.

Derogations

5. (1) If, in his or her opinion, there is no satisfactory alternative and the derogation is not detrimental to the maintenance of the populations of the species to which the Birds and Habitats Directives relate, at a favourable conservation status in their natural range, the Minister may, in respect of one or more of those species, grant a licence to a person permitting a derogation from complying with the requirements of the provisions of section 20, 21 and 22 of the Wildlife Act 1976 , as amended, and Regulation (4)(1) where it is—

(a) in the interests of protecting wild fauna and flora and conserving natural habitats,

(b) to prevent serious damage, in particular to crops, livestock, forests, fisheries and water and other types of property,

(c) in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment,

(d) for the purpose of research and education, of repopulating and re-introducing these species and for the breeding operations necessary for these purposes, including the artificial...