European Communities (Conservation of Wild Birds (Wicklow Mountains Special Protection Area 004040)) Regulations 2012 (S.I. No. 586 of 2012)

STATUTORY INSTRUMENTS. S.I. No. 586 of 2012. ———————— EUROPEAN COMMUNITIES (CONSERVATION OF WILD BIRDS (WICKLOW MOUNTAINS SPECIAL PROTECTION AREA 004040)) REGULATIONS 2012. 2 [586] S.I. No. 586 of 2012. EUROPEAN COMMUNITIES (CONSERVATION OF WILD BIRDS (WICKLOW MOUNTAINS SPECIAL PROTECTION AREA 004040)) REGULATIONS 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 Communi ties 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 (Wicklow Mountains Special Protection Area 004040)) Regulations 2012. (2) These Regulations come into operation on 20th December 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 Gael tacht, or Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 12th February, 2013. [586] 3 (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 Com panies 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 arti ficial, 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 Regu lations 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 refer ence to the maps contained in Schedule 1, is designated as a Special Protection Area. 4. (1) (a) The indicative maps 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 each of the maps and shall deposit them 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 4 [586] boundary of the Special Protection Area and shall seal each of the maps and shall deposit them in the offices of the Minister. Any dis pute 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. 7. (1) Paragraph 32 (inserted by the European Communities (Conservation of Wild Birds) (Amendment) Regulations 1995 (S.I. No. 31 of 1995)) of the Schedule to the European Communities (Conservation of Wild Birds) Regu lations 1985 (S.I. No. 291 of 1985) is revoked. (2) Notwithstanding paragraph (1)— (a) any civil or criminal proceedings brought under the Regulations revoked in paragraph (1) and pending when these Regulations come into operation may be continued as if they had been brought under these Regulations. [586] 5 (b) any document, notice, decision, act or thing issued, made or done by the Minister under the Regulations revoked in paragraph (1) shall continue to have full force and effect on and after the commencement of these Regulations. (c) any act, decision or other thing commenced but not completed by the Minister under the Regulations revoked in paragraph (1) may be continued and completed by the Minister under these Regulations. 3515c 3566c3565c 3516c 3515a 3515b 3564d 3564b 3613d 3565b 3566d 3566a 3566b 3515d 3614a3613b 3565a WICKLOW MOUNTAINS SPA 004040 Achar / Area 1,368 ha Sceideal 1 / Schedule 1 0 1 2 3 km Suirbhéireacht Ordanáis Éireann Ceadúnas Uimhir EN 0059208 © OSI / Rialtas na hÉireann Ordnance Survey Ireland Licence No. EN 0059208 © Ordnance Survey Ireland/Government of Ireland 1:40,000Scála / Scale Leagan / Version 1.00 Arna chló an / Printed on: 02/11/2012 LIMISTÉIR CHAOMHNAITHE SPEISIALTA SPECIAL PROTECTION AREA CO. BHAILE ÁTHA CLIATH CO. DUBLIN Limistéir Chaomhnaithe Speisialta / Special Protection Area 3566c3565c 4015c4014c4013c 3959c 3515c 3958c3957c3956c 3902c3901c 3845c3844c3843c3842c 3787c3786c3785c3784c3783c 3729c3728c3727c3726c 3900c3899c 3672c3671c3670c3669c3668c 3615c3614c3613c 4074c4073c4072c 3900a 3725d 3725b 3726d 3726a 3726b 3727d 3727a 3727b 3728d 3728a 3728b 3729d 3729a 3729b 3730a 3783d 3783a 3783b 3784d 3784a 3784b 3785d 3785a 3785b 3786d 3786a 3786b 3787a 3841a 3841b 3842d 3842a 3842b 3843d 3843a 3843b 3844d 3844a 4071b 3845a 3900b 3901d 3901a 3901b 3902d 3902a 3902b 3955d 3955a 3955b 3956d 3956a 3956b 3957d 3957a 3957b 3515d 3958d 3958a 3958b 3959a 3959b 4012d 4013d 4013a 4013b 4014d 4014a 4014b 4015d 4015a 4015b 4016a 3565d 3565a 3565b 3566d 3566a 3566b 3900d 3899b3899a 3899d 3898b 3898d 3671b3671a 3671d 3670b3670a 3670d 3669b3669a 3669d 3668b 3668d3667d 3615d 3614b3614a 3614d 3613b3613a 3613d3612d 4132b4132a4131b 4074a 4074d 4073b4073a 4073d 4072b4072a 4072d 3844b WICKLOW MOUNTAINS SPA 004040 Achar / Area 28,659 ha Sceideal 1 / Schedule 1 0 2 4 6 8 10 km Suirbhéireacht Ordanáis Éireann Ceadúnas Uimhir EN 0059208 © OSI / Rialtas na hÉireann Ordnance Survey Ireland Licence No. EN 0059208 © Ordnance Survey Ireland/Government of Ireland 1:140,000Scála / Scale Leagan / Version 2.05 Arna chló an / Printed on: 02/11/2012 LIMISTÉIR CHAOMHNAITHE SPEISIALTA SPECIAL PROTECTION AREA CO. CHILL MHANTÁIN CO. WICKLOW Limistéir Chaomhnaithe Speisialta / Special Protection Area 6 [586] SCHEDULE 2 DESCRIPTION OF AREA The area known as Wicklow Mountains Special Protection Area 004040 is situated in the counties of Wicklow and Dublin being the land and waters enclosed on the maps (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 Aghavannagh (Revell), Aghavannagh Mountain, Annacrivey, Bahana, Ballinafunshoge, Ballinagee, Ballinagoneen, Ballinaskea, Ballinastoe, Ballineddan Mountain, Ballinrush, Ballyboy, Ballybraid, Ballybrew, Ballycoyle, Ballydonnell South, Ballyknockan, Ballylerane, Ballylow, Ballynabrocky, Bally nastockan, Ballynultagh, Ballyreagh, Ballyross, Ballyvoghan, Baravore, Brock agh, Camarahill North, Camarahill South, Camenabologue, Cannow, Cannow Mountain, Carrawaystick, Carrigacurra, Carrigeenduff, Carrigeenshinnagh, Car rigroe, Cloghoge, Clohernagh, Clonkeen, Cloon, Clornagh, Conavalla, Corragh, Corrasillagh, Crissadaun, Crone, Cullentragh Big, Cullentragh Park, Curtles town Upper, Deerpark, Derrybawn, Drummin, Garryknock, Glasnamullen, Glenbride, Granamore, Kilbeg, Kippure, Kippure East, Knocknadroose, Knock namunnion, Laragh East, Laragh West, Leoh, Lobawn, Lugduff, Lugnaquillia, Oakwood, Oldboleys, Pollaghadoo, Powerscourt Mountain, Powerscourt Pad dock, Sevenchurches or Camaderry, Sleamaine or Ballinvalla, Sraghmore, Table Mountain, Togher and Tonygarrow in County Wicklow; Boranaraltry, Castlek elly, Cruagh, Cunard, Glassamucky Brakes, Glassamucky Mountain, Glencullen Mountain, Glendoo and Killakee in County Dublin. SCHEDULE 3 SPECIAL CONSERVATION INTERESTS Bird Species Scientific Name Common Name Falco columbarius Merlin Falco peregrinus Peregrine SCHEDULE 4 SITE SPECIFIC OPERATIONS OR ACTIVITIES REQUIRING CONSENT OF THE MINISTER: 1. Introduction, or re-introduction, of plants or animals not found in the area. [Consent is not required for the planting of crops on established reseeded grassland or cultivated land.] 2. Construction or alteration of tracks, paths, roads, bridges, culverts or access routes. [586] 7 3. Agricultural improvement of heath or bog. 4. Developing or consenting to the development or operation of commercial recreational/visitor facilities or activities. GIVEN under my Official Seal, 20 December 2012. JIMMY DEENIHAN TD, Minister for Arts, Heritage and the Gaeltacht. 8 [586] 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) web site 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 Gael tacht 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 per mission 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. Le ceannach ó FOILSEACHÁIN RIALTAIS, AONAD 20 PÁIRC MIONDÍOLA COIS LOCHA, CLÁR CHLAINNE MHUIRIS, CONTAE MHAIGH EO, (Teil: 01 - 6476834 nó 1890 213434; Fax: 094 - 9378964 nó 01 - 6476843) nó trí aon díoltóir leabhar. —————— To be purchased from the GOVERNMENT PUBLICATIONS OFFICE, UNIT 20 LAKESIDE RETAIL PARK, CLAREMORRIS, CO. MAYO, (Tel: 01 - 6476834 or 1890 213434; Fax: 094 - 9378964 or 01 - 6476843) or through any bookseller. —————— €3.05 Wt. (B29588). 285. 2/13. Clondalkin. Gr 30-15.