European Union Habitats (Newgrove House Special Area of Conservation 002157) Regulations 2015.

• Jurisdiction: Ireland
• Year: 2015
• Citation: IR SI 627/2015

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th January, 2016.

I, HEATHER HUMPHREYS, Minister for Arts, 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 Council Directive 92/43/EEC of 21 May 19921 , hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Union Habitats (Newgrove House Special Area of Conservation 002157) Regulations 2015.

Interpretation

2. (1) In these Regulations—

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

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

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

“Special Area of Conservation” means such area designated under Regulation 3 as a Special Area of Conservation.

(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.

Designation of Special Area of Conservation

3. (1) In order to ensure the protection of natural habitats and species in Annex I and II to the Directive, including in particular the natural habitat type and animal and plant species specified in Schedule 3, having taken account of the matters referred to in Article 4 of the Directive and having been adopted by the European Commission in accordance with the procedure laid down in Article 4(2) of the Directive, the area referred to in Schedule 2 and further identified by reference to the map contained in Schedule 1, is designated as a Special Area of Conservation in accordance with Article 4(4) of the Directive.

(2) The Minister shall, in accordance with the Regulations of 2011, establish and publish such particular conservation objectives as he or she, from time to time, considers necessary for the Special Area of Conservation with regard to the natural habitat type and animal and plant species specified in Schedule 3.

Matters relating to maps

4. (1)(a) The indicative map contained in Schedule 1 showing the boundary of the Special Area of Conservation 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 Area of Conservation 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 Area of Conservation shall be determined by reference to maps prepared under subparagraph (b) in relation to the area.

(2)(a) A map referred to in paragraph (1) (b) when so deposited in the offices of the Minister shall be retained in such office 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 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 any activity specified in Schedule 4 within the Special Area of Conservation 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 to obtain the consent of the Minister where a proposed activity or continued activity referred to in paragraph (1)—

(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...