S.I. No. 83/2013 - European Union (Conservation of Wild Birds (Mullet Peninsula Special Protection Area 004227)) Regulations 2013.

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. Mowing of grass crops. [Consent is not required unless notice has been given that mowing on specified lands is likely to interfere with the breeding and reproduction of corncrakes during the period specified in the said notice.]

4. Planting of trees or multi-annual bioenergy crops.

5. Developing or consenting to the development or operation of commercial recreational/visitor facilities or activities.

GIVEN under my Official Seal,

25 February 2013.

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.

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 Mullet Peninsula Special Protection Area 004227 is situated in the county of Mayo being the land and waters enclosed on the map (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 Coimín Ard Eoghain, An Carn (Fowler), An Carn (Nash), Cartúr Ghilbeirt, Imleach Beag (Kyle), Imleach Beag Thuaidh, Imleach Beag Theas, Imleach Cais, An Fál Mór, An Ghléib, Tóin na hOlltaí and Tearmann Caithreach.

SCHEDULE 3

SPECIAL CONSERVATION INTERESTS

Bird Species

Scientific Name

Common Name

Crex crex

Corncrake

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