European Communities (Conservation of Wild Birds (River Boyne and River Blackwater Special Protection Area 004232)) Regulations 2012 (S.I. No. 462 of 2012)

STATUTORY INSTRUMENTS. S.I. No. 462 of 2012 ———————— EUROPEAN COMMUNITIES (CONSERVATION OF WILD BIRDS (RIVER BOYNE AND RIVER BLACKWATER SPECIAL PROTECTION AREA 004232)) REGULATIONS 2012 2 [462] S.I. No. 462 of 2012 EUROPEAN COMMUNITIES (CONSERVATION OF WILD BIRDS (RIVER BOYNE AND RIVER BLACKWATER SPECIAL PROTECTION AREA 004232)) 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 (River Boyne and River Blackwater Special Protec tion Area 004232)) Regulations 2012. (2) These Regulations come into operation on 21st 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 Gael tacht, or Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 30th November, 2012. [462] 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 [462] 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. 2119d 2182c 2244a 2181b 2181d RIVER BOYNE AND RIVER BLACKWATER SPA 004232 Achar / Area 8 ha Sceideal 1 / Schedule 1 0 0.5 1 1.5 2 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 1:25,000Scála / Scale Leagan / Version 1.00 Arna chló an / Printed on: 18/09/2012 LIMISTÉIR CHAOMHNAITHE SPEISIALTA SPECIAL PROTECTION AREA CO. AN CHABHÁIN CO. CAVAN Limistéir Chaomhnaithe Speisialta / Special Protection Area 2318a2317b RIVER BOYNE AND RIVER BLACKWATER SPA 004232 Achar / Area 4 ha Sceideal 1 / Schedule 1 0 0.5 1 1.5 2 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 1:30,000Scála / Scale Leagan / Version 1.00 Arna chló an / Printed on: 18/09/2012 LIMISTÉIR CHAOMHNAITHE SPEISIALTA SPECIAL PROTECTION AREA CO. LÚ CO. LOUTH Limistéir Chaomhnaithe Speisialta / Special Protection Area 2711c 2311c 2711d 2311a 2311d 2911b2911a 2711b 2182c 2642c 2576c2572c 2507c 2439c2438c 2380c2378c2375c 2318c2316c 2246c2245c 2913c 2844c 2779c2778c 2710c2708c 2982c 2317d 2317b 2318a 2374b 2375d 2375a 2377d 2378a 2378b 2379d 2379a 2379b 2380a 2380b 2437b 2982a 2438a 2439a 2439b 2506b 2507a 2571b 2572a 2576a 2637d 2639d 2639a 2639b 2642d 2642a 2642b 2643a 2315d 2310b 2246d 2245a 2245d 2244b2244a 2244d 2913b2913a2912b2912a 2847a2846b2846a2845b 2845d2843d 2779a2777b2777a 2777d 2712a 2710d 2709b 2709d 2708a2707b 2438d RIVER BOYNE AND RIVER BLACKWATER SPA 004232 Achar / Area 424 ha Sceideal 1 / Schedule 1 0 2 4 6 8 10 12 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 1:170,000Scála / Scale Leagan / Version 1.00 Arna chló an / Printed on: 18/09/2012 LIMISTÉIR CHAOMHNAITHE SPEISIALTA SPECIAL PROTECTION AREA CO. NA MÍ CO. MEATH Limistéir Chaomhnaithe Speisialta / Special Protection Area 2911a 2911b 2843c 2570c 2775c 2843a 2636b 2705d 2637a 2637b 2843d 2774b 2774d 2705b 2637d RIVER BOYNE AND RIVER BLACKWATER SPA 004232 Achar / Area 24 ha Sceideal 1 / Schedule 1 0 1 2 3 4 5 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 1:65,000Scála / Scale Leagan / Version 1.00 Arna chló an / Printed on: 18/09/2012 LIMISTÉIR CHAOMHNAITHE SPEISIALTA SPECIAL PROTECTION AREA CO. NA HIARMHÍ CO. WESTMEATH Limistéir Chaomhnaithe Speisialta / Special Protection Area [462] 5 SCHEDULE 2 DESCRIPTION OF AREA The area known as River Boyne and River Blackwater Special Protection Area 004232 is situated in the counties of Cavan, Louth, Meath and Westmeath 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 Edenburt, Lisduff (E.D Virginia), Ryefield and Stramatt in County Cavan; Littlegrange, Townleyhall and Tullyallen in County Louth; Baile Mhistéil (T: Baile Átha Buí), Diméin Bhaile Ghib, Domhnach Phádraig, Tailtin, Tulach Chonóg, Abbeyland (ED Navan Rural), Abbeyland South, Archdeaconry Glebe, Ardmulchan, Ardsallagh, Assey, Athlumney, Bal gill, Balgree, Ballina, Ballina or Bective, Ballinlig, Ballinter, Ballyadams, Ballyb atter or Balreask New, Ballymahon, Ballymulmore, Ballynabarny, Ballynad rimna, Balreask Old, Balsoon, Batterstown (ED Ballyconnell), Bective, Bellewstown (ED Ballyconnell), Blackcastle Demesne, Blackfriary (2nd Division), Bloomsberry, Boolykeagh, Boynehill or Ballagh, Brannockstown, Cakestown Glebe, Carnaros, Carrickdexter, Castlekeeran, Castlemartin, Castle pole, Castlerickard, Clonasillagh, Cloncarneel, Clondalee Beg, Clondalee More, Clonee (ED Balltconnell), Clonylogan, Commons (1st Division), Commons (4th Division), Commons (5th Division), Commons (6th Division), Commons of Lloyd, Coolronan, Corballis (ED Cloughbrack), Crewbane, Croboy, Crossans town, Crowpark (1st Division), Cruicetown (ED Stackallan), Derrinydaly, Derver, Dillonsland, Dollardstown, Donore (ED Killyon), Doolystown, Dowds town (ED Tara), Dowth, Drummond, Dunleever Glebe, Dunmoe, Fennor (ED Painestown), Ferganstown and Ballymacon, Finlaghtown Great, Fordrath, Friar spark (1st Division), Friaryland (3rd Division), Fyanstown, Gilltown, Glebe (ED Mellifont), Gormanstown (ED Trim Rural), Grange (ED Bective), Grange (ED Galtrim), Greatfurze, Headfort Demesne, Hurdlestown, Iffernock, Inan, Kil carn, Kildalkey, Killyon, Kilmainham (ED Kells Rural), Kilmainham (ED Teltown), Kilmainham (Headford), Kilnagross, Knockumber, Knowth, Lady Island, Limekilnhill, Lionsden, Liscartan, Lisclother Great, Logantown, Lougher, Manorland (1st Division), Martry, Maudlin (ED Kells), Maudlin (ED Trim Rural) (Part Of), Meenlagh, Moat Town, Moneymore (ED Castlerickard), Monktown (ED Ballyconnell), Mountainpole, Mountainpole or Rochfortsland, Moyfeagher, Moyfin, Muchwood, Mullaghard, Nevinstown, Newgrange, Newhaggard (ED Trim Rural), Newtown (ED Trim Rural), Newtown or Bally fallon, Newtownmoynagh, Oldbridge, Otterstown, Painestown (ED Painestown), Parkstown, Part of Castletown (ED Grennanstown), Part of Maud lin, Portan (ED Killyon), Portlester, Pottlebane, Pottlereagh, Proudfootstown, Rahendrick, Rathaldron, Rathbrack (ED Loughan) Rathkenna, Rathnally, Roristown, Rossnaree, Roughgrange, Ryefield, Saintjohns, Scallanstown, Scur lockstown (ED Galtrim), Sedenrath, Shanco (ED Cloghbrack) Slane, Slanec astle Demesne, Stackallan, Stalleen, Tankardstown (ED Ardbraccan), Tates town, Thurstianstown, Town Parks (ED Athboy), Town Parks ( ED Kells Rural), Townparks (Navan Ph), Townparks North, Townparks South, Trembles town, Trubley, Vessingtown, Whistlemount, Whitecommons, Woodpole, Wood town and Woodtown West in County Meath; Ballinn, Ballynaskeagh (ED 6 [462] Ballynaskeagh), Cloghanstown, Clonmorrill, Cockstown, Corbetstown, Crad danstown, Crowinstown Great, Derrymore, Grange Beg, Grange More, Joris town Lower, Killagh, Lisclogher Great, Priesttown, Raharney, Raharney Little, Riverdale and Stonestown (ED Copperalley) in County Westmeath. SCHEDULE 3 SPECIAL CONSERVATION INTERESTS Bird Species Scientific Name Common Name Alcedo atthis Kingfisher 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. Burning, topping, clearing scrub or rough vegetation or reseeding. [Consent is not required for these activities on established reseeded grassland or culti vated land provided it is greater than 20m from a river, stream or floodplain; or greater than 50m from a wetland, lake, turlough or pond.] 3. Works on, or alteration to, the banks, bed or flow of a drain, watercourse or waterbody. 4. Drainage works including digging, deepening, widening or blocking a drain, watercourse or waterbody. 5. Water abstraction, sinking of boreholes and wells. 6. Felling of trees or removing timber, including dead wood. GIVEN under my Official Seal, 21 November 2012. JIMMY DEENIHAN TD, Minister for Arts, Heritage and the Gaeltacht. [462] 7 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. BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR Le ceannach díreach ón OIFIG DHÍOLTA FOILSEACHÁN RIALTAIS, TEACH SUN ALLIANCE, SRÁID THEACH LAIGHEAN, BAILE ÁTHA CLIATH 2, nó tríd an bpost ó FOILSEACHÁIN RIALTAIS, AN RANNÓG POST-TRÁCHTA, 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. —————— DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased directly from the GOVERNMENT PUBLICATIONS SALE OFFICE SUN ALLIANCE HOUSE, MOLESWORTH STREET, DUBLIN 2, or by mail order from GOVERNMENT PUBLICATIONS, POSTAL TRADE SECTION, 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. (B29475). 285. 11/12. Clondalkin. Gr 30-15.