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

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.

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.

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) website 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 Gaeltacht 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 permission 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.

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) Regulations 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.

(

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.

SCHEDULE 1

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, Ballynastockan, Ballynultagh, Ballyreagh, Ballyross, Ballyvoghan, Baravore, Brockagh, Camarahill North, Camarahill South, Camenabologue, Cannow, Cannow Mountain, Carrawaystick, Carrigacurra, Carrigeenduff, Carrigeenshinnagh, Carrigroe, Cloghoge, Clohernagh, Clonkeen, Cloon, Clornagh, Conavalla, Corragh, Corrasillagh, Crissadaun, Crone, Cullentragh Big, Cullentragh Park, Curtlestown Upper, Deerpark, Derrybawn, Drummin, Garryknock, Glasnamullen, Glenbride, Granamore, Kilbeg, Kippure, Kippure East, Knocknadroose, Knocknamunnion, Laragh East, Laragh West, Leoh, Lobawn, Lugduff, Lugnaquillia, Oakwood, Oldboleys, Pollaghadoo, Powerscourt Mountain, Powerscourt Paddock, Sevenchurches or Camaderry, Sleamaine or Ballinvalla, Sraghmore, Table Mountain, Togher and Tonygarrow in

County Wicklow;

Boranaraltry, Castlekelly, 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

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

12

th February

, 2013.

I, JIMMY DEENIHAN, Minister for Arts, Heritage and the Gaeltacht, in exercise of the powers conferred on me by

section 3

of the

European Communities 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