S.I. No. 480/2012 - European Communities (Conservation of Wild Birds (Dingle Peninsula Special Protection Area 004153)) Regulations 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th December, 2012.

I, JIMMY DEENIHAN, 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 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 and Council Directive 92/43/EEC of 21 May 1992 (as amended by Council Directive 97/62/EC of 27 October 1997, Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 2003, Council Directive 2006/105/EC of 20 November 2006 and as amended by Act of Accession of Austria, Sweden and Finland (adapted by Council Decision 95/1/EC, Euratom, ECSC), Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded and as amended by the Corrigendum to that Directive (Council Directive 92/43/EEC of 21 May 1992)), hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Conservation of Wild Birds (Dingle Peninsula Special Protection Area 004153)) Regulations 2012.

(2) These Regulations come into operation on 23rd November 2012.

2. (1) In these Regulations—

“Directive” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009;

“farm or land management plan” means an agreement between the holder of any estate, right or interest in land within the Special Protection Area and the Minister or the Minister for Agriculture, Food and the Marine for the purposes of, inter alia, compliance with the Directive and Council Directive No. 92/43/EEC of 21 May 1992. Without prejudice to the generality of the foregoing, this may take the form of:

(a) either a plan under the Farm Plan Scheme or management agreements administered by the Department of Arts, Heritage and the Gaeltacht, or

(b) a Rural Environment Protection Scheme (REPS) plan, administered by the Department of Agriculture, Food and the Marine, or

(c) measures taken as part of the Agri-Environment Options Scheme (AEOS), administered by the Department of Agriculture, Food and the Marine, or

(d) any similar or successor plan or scheme;

“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;

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

“public authority” means:—

(a) a Minister of the Government;

(b) a local authority within the meaning of the Local Government Act 2001 (No. 37 of 2001); or,

(c) a board or other body (but not including a company under the Companies Acts) established by or under statute;

“Special Protection Area” or “SPA” means the area which is designated under Regulation 3;

“waterbird” means any bird ecologically dependent on a wetland habitat wholly, or for at least part of their annual cycle;

“wetland” refers to areas of habitat containing water, whether natural or artificial, permanent or temporary, static or flowing, fresh, brackish, or marine.

(2) 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, including in particular the species specified in Schedule 3 and having taken account of the matters referred to in Article 4 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 Protection Area.

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 the Minister shall seal the map and shall deposit it 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. Any dispute involving the boundary of the Special Protection Area shall be determined by reference to maps prepared under this subsection.

(2) The said maps when so deposited in the said offices of the Minister shall be retained in such office and such maps, or true copies thereof, shall be open for inspection free of charge in such offices by any person at any time at which such offices are open for the transaction of public business, and it shall be lawful for the Minister to prepare and supply to any person requesting the same a true copy of the map or maps so deposited with the Minister or any particular part or sheet thereof and to charge for such copy such sum as the Minister may fix.

5. (1) Subject to paragraph (2), a person shall not perform any operation or activity specified in Schedule 4 within the Special Protection Area without the prior written consent of the Minister.

(2) There is no requirement to obtain the consent of the Minister if:—

(a) the operation or activity is licensed by or subject to the permission of another public authority, or

(b) the operation or activity is specified as permitted in a farm or land management plan (subject to compliance with any conditions set out therein).

6. (1) Any person who contravenes Regulation 5(1) commits an offence and is liable:—

(a) on summary conviction to a Class A fine or imprisonment for any term not exceeding six months or both, or

(b) on conviction on indictment to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years or both.

(2) A summary offence under these Regulations may be prosecuted by the Minister.

SCHEDULE 1

SCHEDULE 2

DESCRIPTION OF AREA

The area known as Dingle Peninsula Special Protection Area 004153 is situated in the County of Kerry being the land and waters enclosed on the map (contained in Schedule 1) within the inner margin of the red line and hatched in red. The area is situated in whole or in part in the townlands of Arda Mór (T: Cill Maoilchéadair), Airghleann (T: Cé Bhreanainn), Baile an Chalaidh, Baile an Gharráin, Baile an Ghleanna, Baile an Chnocáin (T: Cill Chuáin), Baile an Lochaigh, Baile Áimín Treant, An Baile Breac (T: Cill Chuáin), Baile Uí Chorráin, Baile Dháith, Baile Ícín, Coimín Bhaile Ícín, Baile Mhic an Daill, Baile Móir Thair, Baile na bPoc, Baile na hAbha (T: Cill Chuáin), Baile na Rátha Thuaidh, Baile na Rátha Theas, Baile na bhFionnúrach, An Baile Uachtarach Thoir, An Baile Uachtarach Thiar, Baile Ristín, Baile Reo (T: Cill Chuáin), An Bhinn Bháin (T: Na Gleannta), An Bóthar Buí, Cathair an Treantaigh, An Cheathrú Thoir, An Cheathrú Thiar, An Chlais (T: Cill Chuáin), Cloichearaí, Cloichear (T: Dún Urlann), Com an Áir, Com Dhíneol Thuaidh, Com Dhíneol Theas, An Chorrghráig (T: Cill Chuáin), An Dún Meánach, Dún Séann, An Coimín, Na Dúnta Thoir, Na Dúnta Thiar, Imileá an Bhóthair (T: Márthain), Fán, Fearann Leataoibh, An Fheothanach, Ceathrú an Fheirtéaraigh, Gallaras, Gleann Fán, Gleann na Mine Airde, An Ghlaise Bheag, Na Grafaí, An Ghráig (T: Dún Urlann), Cill Chúile, Cill Fearnóg, An Choill Mhór (T: An Baile Dubh), Cill Mhuire (T: An Mhin Aird), Cill Mhic an Domhnaigh, Cinn Aird (T: Cinn Aird), Cinn Aird Iarthach (T: Cinn Aird), Lios na Caolbhuí, An Mhin Aird Bhuí, An Mhin Aird Thiar, Murorgán, An Mhuiríoch (T: Cill Maoilchéadair), An Paideac, Na Ráithíneacha (T: Fionntrá), Ráithín Uí Bhuaigh, An Rinn Bheag, Ard na Caithne agus An Tír; Acres (E.D. Ballynacourty), Ardrinane, Ardroe, Arraglen (E.D. Castlegregory), Ballintermon, Ballynane, Barrack, Brackloon (E.D. Ballinvoher), Coumduff, Doorah, Dromavally (E.D. Ballinvoher), Garrywilliam, Glannaheera, Glantane, Glanteenassig, Gortbreagoge, Gortnanooran, Gurteen, Inch (E.D. Inch), Inch West (E.D. Inch), Kilshannig and Magherabeg.

SCHEDULE 3

SPECIAL CONSERVATION INTERESTS

Bird Species

SCHEDULE 4

SITE SPECIFIC OPERATIONS OR ACTIVITIES REQUIRING CONSENT OF THE MINISTER:

Construction, removal or alteration of fences, stone walls, hedgerows, banks or any field boundary other than temporary electric fencing (Consent is not required for normal maintenance).

GIVEN under my Official Seal,

23 November 2012.

JIMMY DEENIHAN TD,

Minister for Arts, Heritage and the Gaeltacht.

EXPLANATORY NOTE

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

Directive 2009/147/EC (O.J. L 20/7 of 26 January 2010) of the European Parliament and of the Council of 30 November 2009 ("the Birds Directive") on the conservation of wild birds provides for the conservation of wild birds by, among other things, classifying important ornithological sites as Special Protection Areas. The hyperlink http://ec.europa.eu/environment/nature/natura2000/sites_birds/index_en.htm which connects to the European Commission Environment (Nature and Biodiversity) website also contains a further link to the text of the Birds Directive.

The effect of these Regulations is to designate a site as a Special Protection Area in accordance with Article 4 of the Directive. The geographical area of the Special Protection Area designated by these Regulations is defined by Schedule 1 (a map or maps of the area) and Schedule 2 (a list of the townlands in question / a description of the area). For more detailed maps than those contained in Schedule 1, or for greater detail on boundary delineation, contact should be made with the National Parks and Wildlife Service of the Department of Arts, Heritage and the Gaeltacht or by viewing the relevant text or map details on www.npws.ie.

The bird species cited in Schedule 3 of these Regulations are specified, in accordance with the Directive, in order to ensure their survival and reproduction in their area of distribution. Under Article 5 of the Directive all species of birds are afforded protection from disturbance, capture and damage to nests and eggs, not just the birds listed on Schedule 3 (with the exception of those birds covered under Articles 7 for hunting and 9, where derogations are listed).

Those operations or activities requiring the consent of the Minister listed at Schedule 4 to these Regulations are cited for their potential to cause disturbance or damage to the bird species and their habitats specified in Schedule 3 of these Regulations. Landowners or occupiers should contact the local National Parks and Wildlife Service office of the Department of Arts, Heritage and the Gaeltacht before undertaking any of the works listed at Schedule 4. (See www.npws.ie for contact details). Please note that operations/activities other than those listed at Schedule 4 to these Regulations, such as effluent discharge, construction work, aquaculture, fishing or forestry require a licence or permission from the appropriate consent authority.

These Regulations provide (Regulation 6) that contravention of the provisions of these Regulations shall constitute an offence. Regulation 6 also provides for penalties.