S.I. No. 46/2007 - European Communities (Conservation of Wild Birds (Termoncarragh Lake and Annagh Machair SPA 004093)) Regulations 2007

1. The application of fertiliser, slurry or farm yard manure of any sort except in amounts and in a manner specified in the REPS guidelines for that habitat or the general REPS guidelines if no habitat specific guideline is available.

2. Blocking, altering the flow of, or deepening watercourses or wetlands.

3. Change of agricultural use from grassland, which has been under grass for 20 years or more to any other use.

4. Developing, operating or allowing recreational activities liable to cause significant disturbance to birds or damage to their habitats including any commercial recreational activity.

5. Commercial turf extraction.

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

7. Any activity that might constitute disturbance of birds and their nests.

8. Extracting water for irrigation purposes.

9. Grazing of livestock at levels, or for a period significantly different from those specified in the REPS guidelines for that habitat or in a Commonage Framework Plan for the area.

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

11. Land reclamation or habitat destruction, except for routine maintenance.

12. Planting of trees.

13. Reclamation or infilling.

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

15. Removal or alteration of earth/stone banks and associated fences.

16. Dumping, burning or disposal of any materials including wastes.

17. Use of mechanically propelled vehicles on water bodies.

18. Any other activity of which notice may be given by the Minister from time to time.

GIVEN under the Official Seal of the Minister for the Environment,

Heritage and Local Government,

this 05

th

day of February 2007.

DICK ROCHE, T.D.,

Minister for the Environment, Heritage and Local Government.

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.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

9

th July

, 2010.

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