European Communities (Natural Habitats) Regulations, 1997

• Jurisdiction: Ireland
• Citation: IR SI 94/1997
• Year: 1997

S.I. No. 94 of 1997.
EUROPEAN COMMUNITIES (NATURAL HABITATS) REGULATIONS, 1997
PART I
PRELIMINARY AND GENERAL
Regulation
1. Citation and construction.
2. Interpretation.
PART II
CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES
CHAPTER I
Sites of Community importance
3. Selection of sites for identification as sites of Community importance.
4. Notification to persons concerned.
5. Objections.
6. Consultation initiated by Commission to add sites.
7. Surveillance by authorised officers.
CHAPTER II
Designation of special areas of conservation and notification of owners and authorities
8. Notifications from Commission.
9. Designations.
10. Priorities for designation.
11. Erection of notices.
12. Management agreements.
CHAPTER III
Operations or activities in European Sites.
13. Conservation measures to be undertaken by the Minister in order to protect special areas of conservation.
14. Restrictions on carrying out operations or activities.
15. Assessments.
16. Decisions.
CHAPTER IV
Prohibition of works, restoration and compensation
17. Prohibition of works on certain lands.
18. Prohibition of works on certain lands outside a European site.
19. Restoration of land in European sites following damage.
20. Compensation.
PART III
PROTECTION OF FLORA AND FAUNA
21. Application of section 21 (protection of flora) of Principal Act.
22. Application of section 45 (sale, purchase and possession of fauna restricted) of Principal Act.
23. Protection of fauna set out in Part I of First Schedule.
24. Measures to control the taking in the wild of fauna and flora species set out in Part II of First Schedule.
25. Derogations.
PART IV
PLANNING AND DEVELOPMENT MATTERS
26. Amendment of Local Government (Planning and Development) Act, 1963.
27. Obligations of Local Authorities and An Bord Pleanála in granting planning permission.
28. Obligations of the Minister for the Environment in relation to local authority development where an environmental impact assessment is required.
29. Obligations of local authorities in carrying out developments in which Part X of the Local Government (Planning and Development) Regulations, 1994 apply.
30. Obligations of the Minister for the Environment in relation to road development by a Road Authority.
31. Requirement for discharge by certain Ministers of the Government functions under certain enactments.
32. Obligations of local authorities. An Bord Pleanála or the Environmental Protection Agency in the discharge of their powers and functions under certain enactments.
33. Compensatory measures (Part IV).
34. Application to areas classified pursuant to the Birds Directive.
PART V
MISCELLANEOUS
35. Education and research.
36. Introduction of certain species.
37. Reports.
38. Offences by body corporate.
39. Penalties.
FIRST SCHEDULE
FLORA AND FAUNA
PART I
PART II
SECOND SCHEDULE
PART I
Enactments referred to in Regulation 31.
PART II
Enactments referred to in Regulation 32.
S.I. No. 94 of 1997:
EUROPEAN COMMUNITIES (NATURAL HABITATS) REGULATIONS, 1997.
The Minister for Arts, Culture and the Gaeltacht, 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 effect to Council Directive No. 92/43/EEC of 21 May 1992(a), hereby makes the following Regulations:
(a) O.J. No. L 206, 22 July 1992. page 7.
PART I PRELIMINARY AND GENERAL
	1 Citation	1. (1) These Regulations may be cited as the European Communities (Natural Habitats) Regulations, 1997.
(2) The Wildlife Act, 1976 , and these Regulations (other than Part IV) shall be construed together as one.
	2 Interpretation	2. (1) In these Regulations:
"the Birds Directive" means Council Directive No. 79/409/EEC of 2 April 1979 on the conservation of wild birds(b);
(b) O.J. No. L 103, 25 April 1979. page 1.
"authorised officer" means a person appointed as an authorised officer under Regulation 7;
"the Board" means An Bord Pleanála;
"candidate list of European sites" has the meaning assigned by Regulation 3 (1);
"the Commission" means the Commission of the European Communities;
"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 of a species;
"environmental impact assessment" means an assessment carried out in accordance with the provisions of any enactment made in connection with the Council Directive No. 85/337/EEC of 27 June, 1985(c) on the assessment of the effects of certain public and private projects on the environment, and any Directive amending or replacing the first-mentioned Directive and includes an assessment carried out in accordance with section 51 of the Roads Act, 1993 (No. 14 of 1993);
(c) O.J. No. L 175, 5 July 1985, page 40.
"European site" means—
( a ) a special area of conservation;
( b ) a site of Community importance which has been placed on the list referred to in the third subparagraph of Article 4 (2) of the Habitats Directive;
( c ) an area classified pursuant to paragraph (1) or (2) of Article 4 of the Birds Directive;
"functions" includes powers and duties;
"the Habitats Directive" means Council Directive No. 92/43/EEC of 21 May, 1992(a) on the conservation of natural habitats and of wild fauna and flora;
(a) O.J. No, L 206. 22 July 1992, page 7.
"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;
"hunt" means stalk, pursue, chase, drive, flush, capture, course, attract, follow, search for, lie in wait for, take, trap or shoot by any means whether with or without dogs and, except in sections 28 and 29 of the Principal Act, includes killing in the course of hunting and cognate words shall be construed accordingly;
"land", where the context admits, includes land covered by water 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 ) the council of a county;
( b ) the corporation of a county or other borough, or
( c ) the council of any urban district,
and includes a sanitary authority for the purposes of the Local Government (Water Pollution) Act, 1977 , a planning authority and a road authority;
"the Minister" means the Minister for Arts, Culture and the Gaeltacht;
"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 Directive;
"natural habitats" means terrestrial or aquatic areas distinguished by geographic, abiotic and biotic features, whether entirely natural or semi-natural;
"operation or activity" means any use of—
( a ) land (including the foreshore and the seabed out to the exclusive fishery limits of the State), and
( b ) water covering such land,
other than—
(i) development which is not exempted development within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1993, or
(ii) development by a local authority, or
(iii) an operation or activity which requires consent or other authorisation, pursuant to any enactment set out in Part I or II of the Second Schedule;
"planning authority" means a planning authority for the purposes of the Local Government (Planning and Development) Acts, 1963 to 1993;
"Principal Act" means the Wildlife Act, 1976 ;
"priority natural habitat types" means natural habitat types in danger of disappearance, which are present on the territory referred to in Article 2 of the Habitats Directive and for the conservation of which the Community has particular responsibility in view of the proportion of their natural range which falls within the territory referred to in the said Article 2 and which are indicated in each case by an asterisk in Annex I to the Habitats Directive;
"priority species" means species referred to in Article 1 (g) (i) of the Habitats Directive for the conservation of which the Community has particular responsibility in view of the proportion of their natural range which falls within the territory referred to in Article 2 of the Habitats Directive and which are indicated in each case by an asterisk in Annex II to the Habitats Directive;
"road authority" means the council of a county, or corporation of a county or other borough, or the council of an urban district;
"site of Community importance" means—
( a ) a site which, in the bio-geographical region or regions to which it belongs, contributes significantly to the maintenance or restoration at a favourable conservation status of a natural habitat type in Annex I to the Habitats Directive or of a species mentioned in Annex II to that Directive and may also contribute significantly to either or both the coherence of Natura 2000 referred to in Article 3 of the Habitats Directive, and the maintenance of biological diversity within the bio-geographic region or regions concerned, and
( b ) in the case of animal species ranging over wide areas, sites of Community importance shall correspond to the places within the natural range of such species which present the physical or biological factors essential to their life and reproduction;
"special area of conservation" means a site of Community importance designated by the Member States through a statutory, administrative or contractual act, or any combination thereof, where the necessary conservation measures are applied for the maintenance or restoration, at a favourable conservation status, of either or both the...