European Union Conservation Of Wild Birds (Dungarvan Harbour Special Protection Area 004032) Regulations 2019.

• Statutory Instrument No.: 330/2019
• Published date: 05 July 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th July, 2019.

I, JOSEPHA MADIGAN, Minister for Culture, Heritage and the Gaeltacht, 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 further effect to Directive 2009/147/EC1 hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Union Conservation of Wild Birds (Dungarvan Harbour Special Protection Area 004032) Regulations 2019.

Interpretation

2. (1) In these Regulations -

“Directive” means the Birds Directive within the meaning of the Regulations of 2011;

“Minister” means Minister for Culture, Heritage and the Gaeltacht;

“Regulations of 2011” means European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 );

“Regulations of 1985” means European Communities (Conservation of Wild Birds) Regulations 1985 ( S.I. No. 291 of 1985 );

“Special Protection Area” means the area classified under Regulation 3 as a Special Protection Area.

(2) In these Regulations a word or expression that is used in these Regulations and is also used –

(a) in the Regulations of 2011 shall, unless the contrary intention is expressed, have in these Regulations the meaning that it has in the Regulations of 2011, or

(b) in the Directive shall, unless the contrary intention is expressed, have in these Regulations the meaning that it has in the Directive.

Classification of Special Protection Area

3. (1) Having taken account of the matters referred to in Article 4 of the Directive, the area identified by reference to the map contained in Schedule 1 and further referred to in Schedule 2 is classified as a Special Protection Area, in accordance with Article 4 of the Directive, in order to ensure the survival and reproduction of species to which Article 4 of the Directive relates, including in particular the species specified in Schedule 3.

(2) The Minister shall, in accordance with the Regulations of 2011, establish and publish conservation objectives in respect of the Special Protection Area classified under these Regulations with regard to the special conservation interests of the species specified in Schedule 3.

(3) Particular attention shall be paid to the protection of the wetlands included in the area identified in Schedules 1 and 2.

Matters relating to maps

4. (1) (a) The indicative map contained in Schedule 1 showing the boundary of the Special Protection Area shall be drawn to such convenient scale as the Minister thinks fit and sealed and shall be deposited in the offices of the Minister.

(b) The Minister may prepare more detailed maps, in such convenient number of separate sheets as the Minister thinks fit, showing the boundary of the Special Protection Area and shall seal each of the maps and shall deposit them in the offices of the Minister.

(c) Any dispute involving the boundaries of the Special Protection Area shall be determined by reference to maps prepared under this subsection in relation to the area.

(2) (a) A map referred to in paragraph (1) when so deposited in the offices of the Minister shall be retained in such offices and the map, or a true copy of it, shall be open for inspection free of charge in such offices by any person at any time at which the offices are open for the transaction of public business.

(b) The Minister may cause to be prepared and supplied to any person so requesting a true copy of a map deposited with the Minister under paragraph (1)(a) or (b) or any particular part or sheet of it and to charge for such copy such sum to cover administrative costs as the Minister decides.

Activities requiring consent

5. (1) Subject to paragraph (2), a person shall not carry out, cause or permit to be carried out or continue to carry out, or assist in carrying out, any activity specified in Schedule 4 within the Special Protection Area except with, and in accordance with, consent given by the Minister under Regulation 30 of the Regulations of 2011, upon application in writing to the Minister to carry out the activity.

(2) There is no requirement upon a person to obtain the consent of the Minister under paragraph (1) where a proposed activity or continued activity referred to in that paragraph -

(a) is one that requires consent or consents under one or more of the enactments set out in the Second Schedule to the Regulations of 2011 or under the Planning and Development Acts 2000 to 2015 and the activity is carried out with and in compliance with such consent or consents,

(b) is part of a project that has received consent under one or more of the enactments set out in the Second Schedule to the Regulations of 2011 or under the Planning and Development Acts 2000 to 2015 and the project or activity is carried out with and in compliance with a consent or consents given under the applicable statutes,

(c) is part of a project that has received consent under one or more regulations made under the European Communities Act 1972 or under one or more regulations made under any of the enactments set out in the Second Schedule to the Regulations of 2011 and the project or activity is carried out with and in compliance with such consent, or

(d) has been authorised as part of an agreed farm or land management plan.

(3) A person affected by a decision to refuse to give consent, to attach or vary conditions or revoke a consent under Regulation 30 of the Regulations of 2011, in respect of an activity referred to in paragraph (1), may appeal the decision under Regulation 37 (3) of the Regulations of 2011.

Offence and proceedings

6. (1) A person who carries out, causes or permits to be carried out, or assists in the carrying out of an activity referred to in Regulation 5(1), without a consent or otherwise than in accordance with a consent given by the Minister under Regulation 30 of the Regulations of 2011, commits an offence and is liable -

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or both, or

(b) on conviction on indictment, to a fine not...