S.I. No. 109/2010 - European Communities (Conservation of Wild Birds (Mid-Clare Coast Special Protection Area 004182)) Regulations 2010.

1. Any activity that involves the deliberate killing or capture of any species of naturally occurring bird in the wild state, save where a specific derogation within the meaning of Article 9 of the Directive is in place.

2. The destruction, damage or removal of nests or eggs or any disturbance, particularly during periods of breeding or rearing, save where a specific derogation within the meaning of Article 9 of the Directive is in place.

3. The rearing or keeping of birds, the hunting and capture of which is prohibited, save where a specific derogation within the meaning of Article 7 of the Directive is in place.

SITE SPECIFIC OPERATIONS OR ACTIVITIES REQUIRING CONSENT

4. Altering watercourses or wetlands, including changing the height of the water table, blocking or altering the flow of the water or deepening any channel.

5. Developing, operating or allowing leisure or sporting activities liable to cause significant disturbance to those birds listed in Schedule 3 of these Regulations or damage to their habitats.

6. Any activity intended to disturb those birds listed in Schedule 3 of these Regulations including by mechanical, air or wind powered or audible means.

7. Use of off-road recreational vehicles, other than by a landowner or on a public road or a non-public road serving forests or woodlands.

8. Harvesting marine species, unless for personal use not exceeding certain limits as may be set by the Minister from time to time.

9. Construction or alteration of tracks, paths, roads, embankments, car parks or access routes, or using or permitting the use of land for car parking.

10. Planting of trees.

11. Reclamation or infilling.

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

13. Dredging whether for fishing or other purposes.

14. Undermining or altering the structure of any shingle barrier or other barrier between the lake and the sea.

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

16. Any activity which destroys habitat, except normal maintenance activities as defined in approved farm plans.

17. Improving or reclaiming land for agricultural purposes, including spraying or burning vegetation, clearing scrub and rough vegetation, draining or moving soil, ploughing, harrowing or reseeding.

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

GIVEN under my Official Seal,

12 March 2010.

JOHN GORMLEY, 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)

Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 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 for them. The effect of these Regulations is to designate 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 be an offence.

The area now known as the Mid-Clare Coast SPA consists of an amalgamation of two pre-existing SPAs: Mutton Island (Site Code 004070) and Mattle Island (Site Code 004071). These areas were protected under Paragraphs 62 and 63 of the Schedule to the European Communities (Conservation of Wild Birds) Regulations 1985 (

S.I. No. 291 of 1985

) which are being revoked and replaced by these Regulations. The area will now be known as the Mid-Clare Coast SPA.

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 in Schedule 3 (with the exception of those birds covered under Articles 7 for hunting, and Article 9 where derogations are listed).

Please note that operations/activities other than those listed at Schedule 4 to these Regulations, such as effluent discharge, planning permission, aquaculture, fishery or forestry require a licence or permission from the appropriate consent authority.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

23

rd March

, 2010.

I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by

section 3

of the

European Communities Act 1972

(No. 27 of 1972) (as amended by

section 2

of the

European Communities Act 2007

(No. 18 of 2007) and by

section 4

of the

European Union Act 2009

(No. 33 of 2009)) 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