European Communities (Conservation of Wild Birds (Magharee Islands Spa 004125)) Regulations, 2004

• Jurisdiction: Ireland
• Citation: IR SI 907/2004
• Year: 2004

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving further effect to Council Directive No. 79/409/EEC of 2 April 1979 and to Articles 6(2), (3) and (4) and Article 7 of Council Directive No. 92/43/EEC of 21 May 1992, hereby makes the following regulations: 1. (1) These Regulations may be cited as the European Communities (Conservation of Wild Birds (Magharee Islands SPA 004125)) Regulations, 2004.

(2) These Regulations shall come into operation on the 30th of December, 2004. 2. (1) In these Regulations

“the Directive” means Council Directive No. 79/409/EEC of 2 April, 1979,

“special protection area” means the area which is classified as a special protection area by Regulation 3 of these Regulations,

“deleterious matter” means any substance (including an explosive substance) which, on entry or discharge into the special protection area, would be liable to cause death or injury to any wild bird species or to damage or destroy the habitat of any such species, and includes but is not limited to domestic and industrial waste, animal excrement and slurry, bilge water, oil and any other form of petroleum,

“foreshore area” means the bed and shore, below the line of high water of ordinary or medium tides, of the sea and of every tidal river and tidal estuary and of every channel, creek and bay of the sea or of any such river or estuary,

(2) References in these Regulations to a county includes, where appropriate, both the administrative county and the county borough.

(3) A word or expression that is used in these Regulations and is also used in the Directive shall, unless the contrary intention appears, have in these Regulations the meaning that it has in the Directive. 3. In order to ensure the survival and reproduction of the species to which Article 4 of the Directive relates and having taken account of the matters referred to in Article 4 of the Directive, the area specified in Schedule 2 to these Regulations and further identified by reference to the maps contained in Schedule 1 to these Regulations, is hereby classified as a special protection area. 4. (1) A person shall not dispose of, throw down, place or leave in any part of the special protection area any deleterious matter so as to create or tend to create deterioration of habitats or any disturbance of the species to which Article...