S.I. No. 907/2004 - European Communities (Conservation of Wild Birds (Magharee Islands Spa 004125)) Regulations, 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 4 of the Directive relates in so far as the deterioration or disturbance would be significant having regard to the objectives of Article 4 of the Directive.

(2) Subject to paragraph 4.(3) all persons must obtain the written consent of the Minister for the Environment, Heritage and Local Government before performing any of the operations or activities listed in Schedule 3 of these Regulations.

(3) The list at Schedule 3 of these Regulations is specified pursuant to Article 6 (2), (3) and (4) and Article 7 of the Habitats Directive 92/43/EEC and is a list of operations or activities which may cause deterioration of habitats of wild birds, and disturbance of wild birds.

5. (1) Any person who contravenes Regulation 4(1) under these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months or both.

(2) Any person who carries out activities in contravention of the terms of consent given under Regulation 4(2) of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months or both.

Schedule 1

SCHEDULE 2

DESCRIPTION OF AREA

1. The Magharee Islands SPA (004125) is the area of land known as the Magharee Islands (Gurrig Island, Launimmil, Illaunboe, Llaunlannig, Nishtooskert and Reennafardarrig) in the County of Kerry being the land and waters enclosed on the map (contained in Schedule 1 to this Order) within the inner margin of the red line and hatched theron in red).

SCHEDULE 3

OPERATIONS OR ACTIVITIES REQUIRING CONSENT.

1. Blocking, altering or deepening watercourses or wetlands

2. Burning of rooted vegetation

3. Causing erosion by any means (e.g. Driving vehicles, riding horses etc.)

4. Commercial or private recreational activities liable to cause significant disturbance to birds

5. Construction or alteration of fences, tracks, paths, roads, embankments, car parks or access routes

6. Deliberate scaring of birds

7. Dumping, burning, disposal or storing of any materials including wastes

8. Grazing of livestock above a recommended density and period (as defined in farm plans or prescriptions under the Rural Environment Protection Scheme or other Government approved agricultural and/or environmental schemes)

9. Introduction (or re-introduction) into the wild of plants or animals of species not currently found in the area

10. Land drainage, vegetation clearance or habitat destruction, except for routine maintenance

11. Planting of trees

12. Reclamation, in-filling, ploughing or otherwise disturbing the substrate

13. Removal of soil, mud, sand, gravel, rock or minerals

14. Removing or altering walls or ruined buildings

15. Broad-scale application of any pesticide or herbicide

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Council Directive of 2 April, 1979 on the conservation of wild birds (79/409/EEC) provides for the conservation of wild birds by, among other things, classifying important ornithological sites as Special Protection Areas for them. The effect of these Regulations is to classify a site as a Special Protection Area in accordance with Article 4 of the directive and to provide that contravention of the provisions of these Regulations shall constitute an offence.

Please note that operations/activities other than those listed at Schedule 3 to these Regulations, such as effluent discharge, building works, aquaculture, fishing or forestry may require a licence or permission.