S.I. No. 591/2012 - European Communities (Conservation of Wild Birds (Stack's to Mullaghareirk Mountains, West Limerick Hills and Mount Eagle Special Protection Area 004161)) Regulations 2012.

1. Construction, removal or alteration of fences, stone walls, hedgerows, banks or any field boundary other than temporary electric fencing. [Consent is not required for normal maintenance.]

2. Agricultural improvement of heath or bog.

3. Off-road recreational use of mechanically propelled vehicles.

GIVEN under my Official Seal,

23 November 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.

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 boundary of the Special Protection Area and shall seal each of the maps and shall deposit them in the offices of the Minister. Any dispute 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.

SCHEDULE 1

SCHEDULE 2

DESCRIPTION OF AREA

The area known as Stack’s to Mullaghareirk Mountains, West Limerick Hills and Mount Eagle Special Protection Area 004161 is situated in the counties of Cork, Kerry and Limerick 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 Barnacurra, Blueford, Cappaphaudeen, Carriganes, Clashykinleen East, Clashykinleen West, Cloghvoula, Commons North, Commons South, Croanrea, Cummerduff, Cummery Connell (North), Cummery Connell (South), Foiladaun, Foilogohig, Glasheenanargid, Glenacarney, Glenalougha, Glencollins Lower, Glencollins Upper, Glenlahan, Glenlara, Glennakeel North, Glennakeel South, Glennakeel West, Glennaknockane, Glennamucklagh East, Glennamucklagh West, Glentanedowney, Glentanefinnane, Glentanemacelligot, Inchantotane, Kingwilliamstown, Kishkeam Upper, Knockaclarig, Knockacluggin, Knockacummer, Knockahorrea East, Knockahorrea West, Knockatooan, Knockduff Upper (E.D. Barleyhill), Knocknanagh Commons, Lisrobin West, Lyraneag, Meendurragha, Meengorman, Meenkearagh, Meennaraheeny, Meens (E.D. Glenlara), Meentinny East, Meentinny West, Milleenboy, Milleenduff, Muinganine, Rascalstreet, Reanagashel, Reanahoun, Rockhill East, Rockhill West, Rowls Aldworth, Rowls Allen, Rowls Daunt, Rowls Langford (North), Rowls Langford (South), Rowls Noonan, Rowls Shaddock, Shanavoher (E.D. Kilmeen), Taurbeg, Taurmore, Tooreen Donnell, Tooreencormack, Tooreendermot, Tooreenduff (E.D. Kilmeen), Tooreenfineen, Tooreenmacauliffe, Tooreennagrena (E.D. Clonfert East), Tooreennaguppoge and Tooreennamire in County Cork, Adraval, Ahaneboy, Ahaun, Ballinard, Ballincollig, Ballintobeenig, Ballyduff (E.D. Knocknagashel), Ballynahulla, Banemore, Beennageeha, Beheenagh (E.D. Knocknagashel), Beheenagh (E.D. OBrennan), Braumaddra, Breahig (E.D. Scartaglin), Brosna East, Brosna West, Broughane, Bunglasha, Cahercullenagh Lower, Cahercullenagh Upper, Cappagh (E.D. Kilflynn), Carrigcannon, Cloghaneleskirt, Cloghanenagleragh, Cloghboola, Cloghavoola, Cloonnafinneela, Coollegrean (E.D. Mount Eagle), Coom (E.D. Mount Eagle), Cordal East, Cordal West, Crinny East, Crinny West, Derreen (E.D. Derreen), Doolaig North, Dromadda Beg, Dromadda More, Esk, Fahaduff, Feavautia, Garraun More, Glanaderhig, Glanageenty, Glanawaddra, Glanlarehan, Glanoe, Glanowen, Glantaunluskaha, Glantaunyalkeen, Glashanacree, Glashananoon, Gneeves (E.D. Gneeves), Gortacappul, Gortacloghane (E.D. Kilfeighny), Gortclohy, Gortglass, Gortroe (E.D. Knocknagashel), Kilbane, Kilbannivane, Kilcusnaun, Kilfeighny South, Kilmore (E.D. OBrennan), Kilmurry (E.D. Kilmurry), Kilquane (E.D. Cordal), Kilshenane, Knockachur, Knockaclare, Knockafreaghaun, Knockalougha, Knockardtry, Knockariddera, Knockatarriv, Knockatee, Knockaunbrack, Knockauncurragh, Knockaunnanoon, Knockawinna, Knockbrack (E.D. Brosna), Knockbrack East, Knockbrack West, Knockdown, Knockeencreen, Knockeennahone, Knocknaboul, Knocknacaska, Knocknacurra, Knocknadarriv, Knocknagashel East, Knocknagashel West, Knocknaglogh, Knocknagoum, Knocknahila, Knockognoe, Knockyeala, Knoppoge (E.D. Gneeves), Lackabane (E.D. Mount Eagle), Lackanoneen, Lackbrooder, Leaha, Leampreaghane, Leamydoody, Leath East, Leath West, Lyracrumpane, Lyre (E.D. Kilmurry), Maghanknockane, Meenanare, Meenbannivane, Meenleitrim North, Meenleitrim South, Mountcoal, Muingatlaunlush, Muingnaminnane, Muingnatee, Muingvautia, Muingwee, Mullen, Mweennalaa, Nohaval North, Nohaval South, Pallas, Patch, Rathea, Rathmore (E.D. O’Brennan), Rea (E.D. Abbeydorney), Reacashlagh (E.D. Mount Eagle), Reanagowan, Scartaglin, Stacks-Mountain, Tooreen (E.D. Abbeydorney), Tooreen (E.D. Nohaval), Tooreen (E.D. Trienearagh), Tooreenagowan, Tooreenard, Tooreenastooka, Tooreengarriv, Tooreenmore (E.D. Knocknagashel), Tooreennablauha, Tooreennascarty, Toornageehy, Tullagubbeen, Tullig (E.D. Kilfeighny), Tursillagh and Tylagh in County Kerry and Athea Upper, Ballagh, Ballaghbehy, Ballaghbehy North, Ballaghbehy South, Ballinloughane (E.D. Rooskagh), Ballyane, Ballygiltenan Upper, Ballyhahill (E.D. Loghill), Ballyine, Ballylin (E.D. Ardagh), Ballymurragh East, Ballymurragh West, Ballynabearna, Ballypierce, Ballyvoghan, Banemore (E.D. Mountplummer), Bauraneag, Boughilbo, Briskagh, Caherlevoy, Cahernagh, Carrigkerry, Clash North, Clash South, Cleanglass North, Cleanglass South, Clooncon (E.D. Cleanglass), Cloonlahard East, Cloonlahard West, Cloonty, Cool East, Cool West, Cratloe East, Cratloe West, Darrery, Derreen (E.D. Kilmoylan), Doonakenna, Dooncaha, Dromada, Dromagarraun, Dromdeeveen, Dromreask, Dromroe (E.D. Glengort), Finnoo, Garryduff (E.D. Garryduff), Glashapullagh, Glenagower, Glenagragara, Glenastar, Glenbaun, Glendarragh, Glendiheen, Glenduff, Glengort South, Glenmore East, Glenmore West, Glennagown, Glenquin (E.D. Glengort), Glenquin (E.D. Monagay), Glenquin South, Glensharrold, Glenville, Gortadroma, Gortnaclohy, Gortnagross, Gortnaskehy, Grouselodge, Keale (E.D. Rathronan), Kerrikyle, Killaculleen, Killeany More, Killeedy South, Knockaclugga, Knockaunnagun, Knockbweeheen, Knockcoolkeare, Knockdown, Knockfinnisk, Knockglass, Knocknaboha, Knocknadiha, Knocknagornagh, Knocknasnaa, Knocktoosh, Lissurland, Mauricetown, Meenyline North, Meenyline South, Mohernagh, Moneymohill, Mountcollins, Mountplummer, Moyreen, Park (E.D. Dunmoylan West), Port (E.D. Port), Rathcahill East, Rathcahill West, Reanagillee Commons, Rooskagh East, Rooskagh West, Seeconglas, Sugarhill, Templeathea East, Templeathea West, Templeglentan East, Tinnakilla, Tooradoo, Tooraree Lower, Tooraree Upper, Tooreendonnell, Tooreennagreana, Toornafulla, Tulligoline North and Tullyleague in County Limerick.

SCHEDULE 3

SPECIAL CONSERVATION INTERESTS

Bird Species

Scientific Name

Common Name

Circus cyaneus

Hen Harrier

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

15

th March

, 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