European Communities (Natural Habitats) (Amendment) Regulations, 2005

• Jurisdiction: Ireland
• Citation: IR SI 378/2005
• Year: 2005

S.I No. 378 of 2005

European Communities (Natural Habitats) (Amendment) Regulations, 2005

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), and for the purpose of giving effect to Council Directive 79/409/EC of 2 April 19791 , Council Directive No. 92/43/EEC of 21 May 1992 2 , and Council Directive No. 97/62/EC of 27 October 19973 , hereby makes the following Regulations: 1. (1) These Regulations may be cited as the European Communities (Natural Habitats) (Amendment) Regulations, 2005.

(2) The Wildlife Act, 1976 , The Wildlife (Amendment) Act, 2000 , the European Communities (Natural Habitats) Regulations, 1997, ( S.I. No. 94 of 1997 ) (other than Part IV), the European Communities (Natural Habitats (Amendment) Regulations, 1998, ( S.I. No. 233 of 1998 ) and these Regulations shall be construed together as one. 2. The Wildlife Act 1976 as amended by the Wildlife (Amendment) Act 2000 is amended -

(1) In Section 9 by the insertion of the following provision after subsection (4):

“(5) nothing shall be allowed to be done by a licence or permit that would not be allowed to be done by the provisions of the European Communities (Natural Habitats) Regulations 1997, as amended by the European Communities (Natural Habitats)(Amendment) Regulations 1998 and by the European Communities (Natural Habitats (Amendment) Regulations, 2005.”

(2) in Section 21 subsection (3) by the substitution for paragraph (b) of the following:

“(b) purchase, sell or exchange, transport, keep for sale or exchange offer for sale or exchange or be in possession of any such specimen or any specimen of a species listed in Annex IV(B) of Council Directive 92/43/EEC of 21 May 1992 and including any amendments that shall be made thereto, whether alive or dead or the flowers, roots, seeds spores or other part, product or derivative thereof.”;

(3) in Section 23 by the insertion of the following provision after subsection (7):

“(7A) the provisions of subsection (7) of this section shall not apply to the species listed in Annex IV (A) of Council Directive 92/43/EEC of 21 May 1992, and including any amendments that shall be made thereto.”

(4) in Section 45 by the substiution for subsection (1) of the following:

“(1) A person who is not a licensed wildlife dealer shall not keep transport, sell or exchange, keep for sale or exchange, offer for sale or exchange, purchase for resale or exchange or engage in taxidermy in respect of-

(a) a protected wild bird or protected wild animal, at any stage of its life, whether alive or dead, or any parts products or derivatives of such wild bird or animal

(b) the eggs of a protected wild bird or the eggs or spawn of a protected wild animal, or any parts, products or derivatives thereof,

(c) fauna, at any stage of its life, whether alive or dead, set out in Part I or II of the First Schedule of to the European Communities (Natural Habitats) Regulations, 1997, as amended by the European Communities (Natural Habitats (Amendment) Regulations, 1998 and by the European Communities (Natural Habitats) (Amendment Regulations, 2005, and being fauna within the meaning of this Act,

and shall not publish or cause to be published any advertisement catalogue, circular or price list likely to be understood as conveying that such a person buys or sells, or intends to buy or sell, or engages in taxidermy in respect of any protected wild bird or protected wild animal.”; 3. The European Communities (Natural Habitats) Regulations, 1997 ( S.I. No. 94 of 1997 ), as amended by the European Communities (Natural Habitats (Amendment) Regulations, 1998 ( S.I. No. 233 of 1998 ), are amended -

(1) in Regulation 4, by the substitution of the following for paragraph (1):

“The Minister shall cause a copy of the candidate list of European sites or a modified list under Regulation 3 (3) to be sent to the Minister for Community, Rural and Gaeltacht Affairs, the Minister for Agriculture and Food, the Minister for Communications, Marine and Natural Resources, the Minister for Transport, the Commissioners of Public Works in Ireland, the Environmental Protection Agency and to any planning authority within whose functional area the lands to which the list relates, or any part of such lands is situated and the Minister shall where appropriate, consult with all or any of them.”;

(2) in Regulation 7, by the substitution of the following for paragraph (1):

“(1) The Minister, and the Minister for Communications, Marine and Natural Resources in respect of the fish species specified in Part II of the First Schedule, and to the extent (if any) specified therein, shall undertake or cause to be undertaken surveillance of the conservation status of the natural habitats and species referred to in Article 2 of the Habitats Directive with particular regard to priority natural habitat types and priority species and the Minister shall have regard to such surveillance in the adaptation of the list transmitted to the Commission under Regulation 5(4).”;

and by the substitution of the following for paragraph 2(a):

“(2)(a) For the purposes of undertaking surveillance of the conservation status of the natural habitats and species under paragraph (1), and generally for the purposes of giving effect to the Habitats Directive, the Minister, and the Minister for Communications, Marine and Natural Resources in respect of the fish species specified in Part II of the First Schedule, and to the extent (if any) specified therein, may each appoint in writing, one or more than one person to be an authorised officer for those purposes.”;

(3) in Regulation 7, by the substitution of the following for paragraph (5 (a) (vi):

“(vi) to which Regulation 14 or 14A relate,”;

(4) After Regulation 14, by the insertion of the following:

“14A. (1)For the purposes of this Regulation the “delegate officer” is a member of An Garda Síochána not below the rank of Superintendent authorised in writing to perform functions under this Regulation otherwise performed by the Garda Commissioner of An Garda Síochána.

(2)A person, without the duly given consent of the owner, shall not-

(a) Enter and occupy any European Site, or bring onto or place on any European Site any object or carry out any activity where such entry or occupation or bringing onto or placing on site of such object or carrying out of such activity is likely to damage the site.

(b) A person who contravenes subsection (a) shall be guilty of an offence.

(c) Where a member of An Garda Síochána or an authorised officer appointed under Regulation 7 of the European Communities (Natural Habitats) Regulations 1997 has reason to believe that a person is committing or has committed an offence under subsection (a) the member or authorised officer-

(i) may demand of the person his or her name and address,

(ii)...