S.I. No. 716/2005 - European Communities (Conservation of Wild Birds (Stags of Broad Haven Spa 004072)) Regulations 2005

S.I. No. 716 of 2005 .

EUROPEAN COMMUNITIES

(CONSERVATION OF WILD BIRDS (STAGS OF BROAD HAVEN SPA 004072))

REGULATIONS 2005.

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) and 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 (Stags of Broad Haven SPA 004072)) Regulations 2005

(2)     These Regulations shall come into operation on the 10^th of November 2005.

2.         (1)      In these Regulations

“Directive” means Council Directive No. 79/409/EEC of 2 April, 1979;

“special protection area” means the area which is designated 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 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;

“Minister” means the Minister for the Environment, Heritage and Local Government;

(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 to these Regulations, 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 designated 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)     Paragraph (1) of this Regulation does not apply to the doing of anything referred to in that paragraph which consists of the performance of an operation or activity specified in Schedule 4 to these Regulations if, in the special circumstances of the matter, the Minister, in exercise of his or her powers under paragraph (3) of this Regulation, consents to the doing of the thing.

(3)     A person shall not perform any operation or activity specified in Schedule 4 to these Regulations in any part of the Special Protection Area without the prior written consent of the Minister.

5          (1)     Any person who contravenes Regulation 4(1) or (3) of these Regulations shall be guilty of an offence under these Regulations.

(2)     A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

6          Paragraph 66 of the Schedule to the European Communities (Conservation of Wild Birds) Regulations 1985 ( S.I. No. 291 of 1985 ) (as inserted by European Communities (Conservation of Wild Birds) (Amendment) (No.5) Regulations 1995 (S.I. 287 of 1995)) is revoked.

Schedule 1

Maps

SCHEDULE 2

DESCRIPTION OF AREA

1.         The area of land known as Stags of Broad Haven SPA situated wholly or in part on the islands of Stags of Broad Haven in the County of Mayo 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

SPECIES OF BIRDS

SCHEDULE 4

OPERATIONS OR ACTIVITIES REQUIRING CONSENT.

(1)  Developing, operating, or allowing commercial or private recreational activities liable to cause significant disturbance to birds or damage to their habitats.

(2)  Construction or alteration of tracks, paths, roads, embankments or access routes.

(3)  Deliberate disturbance of birds.

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

(5)  Planting of trees.

(6)  Reclamation or infilling.

(7)  Removal of soil, mud, sand, gravel, rock or minerals.

(8)  Fishing by any type of nets.

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 4 to these Regulations, such as effluent discharge, planning permission, aquaculture, fishing or forestry may require a licence or permission.