European Union Habitats (Lower River Shannon Special Area of Conservation 002165) Regulations 2023

S.I. No. 328/2023 - European Union Habitats (Lower River Shannon Special Area of Conservation 002165) Regulations 2023 Download PDF Íoslódáil PDF Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 27 th June, 2023. I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, 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 Council Directive 92/43/EEC of 21 May 1992 , hereby make the following regulations: 1. These Regulations may be cited as the European Union Habitats (Lower River Shannon Special Area of Conservation 002165) Regulations 2023. 2. (1) In these Regulations - “Directive” means Habitats Directive within the meaning of the Regulations of 2011; “Minister” means Minister for Housing, Local Government and Heritage; “Regulations of 2011” means European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 “Special Area of Conservation” means the area designated under Regulation 3 as a Special Area of Conservation. (2) In these Regulations a word or expression that is used in these Regulations and is also used - (a) in the Regulations of 2011 shall, unless the contrary intention is expressed, have in these Regulations the meaning that it has in the Regulations of 2011, or (b) in the Directive shall, unless the contrary intention is expressed, have in these Regulations the meaning that it has in the Directive. Designation of Special Area of Conservation 3. (1) Having taken account of the matters referred to in Article 4 of the Directive and having been adopted by the European Commission in accordance with the procedure laid down in Article 4(2) of the Directive, the area identified by reference to the map contained in Schedule 1 and further referred to in Schedule 2 is designated as a Special Area of Conservation, in accordance with Article 4(4) of the Directive, in order to ensure the protection of natural habitats and species in Annex I and II to the Directive, including in particular the natural habitat type and animal and plant species specified in Schedule 3. (2) The Minister shall, in accordance with the Regulations of 2011, establish and publish such particular conservation objectives as he or she, from time to time, considers necessary for the Special Area of Conservation with regard to the natural habitat type and animal and plant species specified in Schedule 3. Matters relating to maps 4. (1) (a) The indicative map contained in Schedule 1 showing the boundary of the Special Area of Conservation shall be drawn to such convenient scale as the Minister thinks fit and sealed and shall be deposited 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 Area of Conservation and shall seal each of the maps and shall deposit them in the offices of the Minister. (c) Any dispute involving the boundaries of the Special Area of Conservation shall be determined by reference to maps prepared under this subsection in relation to the area. (2) (a) A map referred to in paragraph (1) when so deposited in the offices of the Minister shall be retained in such offices and the map, or a true copy of it, shall be open for inspection free of charge in such offices by any person at any time at which the offices are open for the transaction of public business. (b) The Minister may cause to be prepared and supplied to any person so requesting a true copy of a map deposited with the Minister under paragraph (1)(a) or (b) or any particular part or sheet of it and to charge for such copy such sum to cover administrative costs as the Minister decides. Activities requiring consent 5. (1) Subject to paragraph (2), a person shall not carry out, cause or permit to be carried out or continue to carry out, or assist in carrying out, any activity specified in Schedule 4 within the Special Area of Conservation except with, and in accordance with, consent given by the Minister under Regulation 30 of the Regulations of 2011, upon application in writing to the Minister to carry out the activity. (2) There is no requirement upon a person to obtain the consent of the Minister under paragraph (1) where a proposed activity or continued activity referred to in that paragraph - (c) is part of a project that has received consent under one or more regulations made under the European Communities Act 1972 or under one or more regulations made under any of the enactments set out in the Second Schedule to the Regulations of 2011 and the project or activity is carried out with and in compliance with such consent, or (d) has been authorised as part of an agreed farm or land management plan. (3) A person affected by a decision to refuse to give consent, to attach or vary conditions or revoke a consent under Regulation 30 of the Regulations of 2011, in respect of an activity referred to in paragraph (1), may appeal the decision under Regulation 37(3) of the Regulations of 2011. Offence and proceedings 6. (1) A person who carries out, causes or permits to be carried out, or assists in the carrying out of an activity referred to in Regulation 5(1), without a consent or otherwise than in accordance with a consent given by the Minister under Regulation 30 of the Regulations of 2011, commits an offence and is liable - (a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or both, or (b) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years, or both. (2) In imposing a penalty under paragraph (1), the court shall, in particular, have regard to the risk or extent of injury to the environment arising from the act constituting the offence. (3) Proceedings for an offence under paragraph (1) may be brought summarily by - (a) the Minister, (b) the public authority concerned, or (c) a member of the Garda Síochána, in accordance with section 8 of the Garda Síochána Act 2005. (4) Any fine in respect of an offence prosecuted summarily by a public authority shall be paid to that public authority. Offence - body corporate 7. (1) Where an offence under Regulation 6 is committed by a body corporate and is proven to have been so committed with the consent, connivance or approval of or to have been attributable to the wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. Costs of prosecutions 8. Where a person is convicted of an offence under Regulation 6, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the prosecutor the costs and expenses, measured by the court, incurred by the prosecutor or other person in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples and the carrying out of tests, examinations and analyses. Authorised officers 9. A person appointed as an authorised officer under Regulation 4 of the Regulations of 2011 for the purposes of ensuring compliance with these Regulations may exercise the powers of an authorised officer under Part 2 of the Regulations of 2011. Schedule 2 Regulation 3 Description of area designated as a Special Area of Conservation The area known as Lower River Shannon Special Area of Conservation 002165 is situated in the counties of Clare, Cork, Kerry, Limerick and Tipperary 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 and is situated in whole or in part in the townlands of Aillroe Beg, Ardataggle, Ardcloony, Asscarrick, Athlunkard, Aughboy, Ballaghboy (E.D. Doora), Ballina, Ballyartney, Ballycally, Ballycannan North, Ballycasey More, Ballycorey, Ballycorick, Ballygeery West, Ballygirreen, Ballymacrinan, Ballymaley, Ballymorris, Ballynacragga (E.D. Killadysert), Ballynagard, Ballynote West, Battle Island, Baunmore, Berger’s Island, Big Venture, Blackthorn Island, Blackthorn Island (South), Bohyodaun, Bolooghra, Breckinish, Breckinish (Island), Brickhill West, Bunnow, Bunratty East, Bunratty East (part of), Bunratty West, Burrane Lower, Bush Island (E.D. Cratloe), Bush Island (E.D. Lisheen), Caheracon (E.D. Rinealon), Cahiracon (E.D. Killadysert), Cammoge, Canon Island, Cappagh (E.D. Kilrush Urban), Cappahard, Cappanavarnoge, Cappavilla North, Carrigerry, Carrowbane (E.D. Knock), Carrowdotia North, Carrowdotia South, Carrownanelly, Carrowncalla North, Carrowncalla South, Carrowreagh East, Carrowreagh West, Castlefergus, Clare Commons, Clareabbey, Clarefield, Clarehill, Claureen, Clenagh, Cloghaunbeg (E.D. Rahona), Cloghleagh, Clonderalaw, Clonmoney South, Clonmoney West, Clonroad Beg, Clonroad More, Cloonarass, Clooncarhy, Cloonconeen, Cloondrinagh (E.D. Kilfiddane), Cloonfadda, Cloonkerry East, Cloonkerry West, Colmanstown, Coney Island, Cooga (E.D. Kilchreest), Coollisteige, Coolmeen (E.D. Coolmeen), Cow Island, Craggykerrivan, Cratloe, Cratloekeel, Cratloemoyle, Crininish, Crossderry (E.D. Coolmeen), Crovraghan, Crow Island, Cullenagh (E.D. Killofin), Deenish Island, Dermot & Grania’s Rock, Derreen (E.D. Doora), Doon Island, Doonaha West, Doonass Demesne, Dromoland, Drumcliff, Drumgeely, Drummeen, Drumquin (E.D. Lisheen), Dulick, Erribul, Errina, Fairyhill, Feenish, Fergus Island, Fodry, Fortfergus, Garraun (E.D. Ballyglass), Garraun (E.D. Cappavilla), Garraun (E.D. Einagh), Garryncurra, Gaurus, Gilloge, Gortgarraun, Graigue Island, Green Island (E.D. Cratloe), Gull Island, Horse Island, Illaunaclaggin, Illaunaroan, Illaunbeg or O’Donnell’s Island, Illaunyregan, Ing, Ing East, Ing West, Inishbig or Hog Island, Inishcorker, Inishdadroum, Inishdea, Inishloe, Inishlosky, Inishmacnaghtan, Inishmacowney, Inishmore or Deer Island, Inishmurry, Inishoul or O’Grady’s Island, Inishtubbrid, Islandavanna Lower (Intake), Islandavanna Upper (Intake), Islandavanna Upper (Intake) Part Of, Islandmacnevin, Islandmagrath, Kilbaha North, Kilbaha South, Kilcloher (E.D. Rahona), Kilcredaun (E.D. Rahona), Kildoorus, Kilkerin, Killadysert, Killestry, Killofin, Kilmaleery, Kilmore (E.D. Knock), Kilnagalliagh, Kilquane (E.D. Ballyglass), Kiltrellig, Knappoge, Knock (E.D. Knock), Knockalisheen (E.D. Ballycannan), Knockanimana, Knockanoura (E.D. Ennis Rural), Knockballynameath, Knockmurragha, Knocksaggart (E.D. Ballynacally), Lackannashinagh, Lakyle North, Lakyle South, Latoon North, Latoon South, Leadmore West, Leaheen, Lifford, Lisdeen, Lisduff (E.D. Kiltenanlea), Lisheen, Lisheencrony, Lissalougha, Lissan East, Lissan West, Lissyvurriheen, Little Quay Island, Little Venture, Manusmore, Meelick (E.D. Killeely), Moneen (E.D. Kilballyowen), Mount, Mountshannon East, Mountshannon West, Moy, Moyarta East, Moyarta West, Moyasta, Moyhill (E.D. Cratloe), Moyne, Moys, Newpark (E.D. Ennis Rural), O’Briens Bridge, Parteen, Portdrine, Poulnadarree, Quay Island, Querrin, Quinspool North, Quinspool South, Rahona East, Rahona West, Rehy East, Rehy West, Rineanna North, Rinemackaderrig, Rinnanna South, Ross (E.D. Kilballyowen), Rosscliff, Rossmanagher, Saint’s Island, Scattery Island, Shanganagh, Shannakea Beg, Shannakea More, Shantraud, Shore Island, Skehanagh, Slievedooley, Sod Island, St Thomas’ Island, Strawickeen, Summerhill, Termon East, Termon West, Tine Island, Treannahow, Trummer, Tullyglass and Tullyvarraga in County Clare; Cappaphaudeen, Cloghvoula, Cummery Connell (South), Glenacarney, Glenlahan, Knockaclarig, Knockahorrea East, Knockahorrea West, Knockatooan, Lyraneag, Meennaraheeny, Meentinny West, Rockhill East, Rockhill West, Tooreenfineen and Tooreennagrena (E.D. Clonfert East) in County Cork; Aghanagran Middle, Ahalahana, Ahane (E.D. Knocknagashel), Ahaun, Ahimma, Ardcullen-marshes, Ardydonagan, Astee East, Astee West, Ayle, Ballincraheen, Ballinruddery, Ballybunnion, Ballyduff (E.D. Knocknagashel), Ballyeagh, Ballygarret (E.D. Trienearagh), Ballygowloge, Ballygrenane, Ballyhorgan East, Ballyhorgan Marshes, Ballyhorgan West, Ballymacasy, Ballymacjordan, Ballynagare, Ballynageragh, Ballyouneen, Ballyreehan East, Ballyreehan West, Bawnachaulig, Beal East, Beal Middle, Beal West, Bealkelly, Bedford, Beennameelane, Beheenagh (E.D. Knocknagashel), Beheens East, Braumaddra, Bromore West, Brosna East, Brosna West, Broughane, Bunagarha, Bunglasha, Carhoonakineely, Carhoonaknock East, Carhoonaknock West, Carrig Island, Carrigafoyle, Carrigane, Carrigcannon, Carrigeen, Carrigeenwood, Castlequarter, Castleshannon (E.D. Killury), Clashmelcon, Cloghane (E.D. Ardagh), Cloghanebane, Cloghaneleesh, Cloghaneleskirt, Cloghanenagleragh, Clogher (E.D. Lixnaw), Clondouglas, Cloonaman, Cloonprohus, Cloonsillagh, Coolaclarig, Coolagowan, Coolaneelig, Coolaruane, Coolkeragh, Coollegrean (E.D. Mount Eagle), Coolnaleen Lower, Coolnanoonagh, Coolvackagh, Corcas and Sandhills, Craggane, Cunnagare, Curraghatoosane, Curraghatouk, Curraghcroneen, Cuss (E.D. Newtownsandes), Derra (E.D. Brosna), Derrindaff, Derryco, Derryra Beg, Derryra More, Doon East, Doon West, Doonard Lower, Dreenagh (E.D. Kerryhead), Drom (E.D. Gullane), Dromadda Beg, Dromadda More, Drombeg, Dromin Lower, Dromin Upper, Dromlegagh, Dromlegagh Demesne, Dromloughra, Drommurher, Drommurrin, Dromnacarra, Duagh (E.D. Duagh), Dunferris, Dysert, Dysert Marshes, Ennismore, Esk, Faha (E.D. Gullane), Feavautia, Finuge, Foil, Foildarrig, Furhane, Garryantanvally, Garryard, Glandahalin East, Glandahalin West, Glantaunluskaha, Glantaunyalkeen, Glashanacree, Glashananoon, Gneeves (E.D. Gneeves), Gortacloghane (E.D. Kilfeighny), Gortacrossane, Gortanimerisk, Gortdromagownagh, Gortnaminsha, Inch East (E.D. Gunsborough), Inch West (E.D. Gunsborough), Inch-moor, Inchinapoagh, Inchymagilleragh East, Inchymagilleragh West, Irrabeg, Islandboy (E.D. Duagh), Islandboy East, Islandboy West, Islandganniv North, Islandganniv South, Islandmacloughry, Kealid, Kilbaha Middle, Kilbaha South, Kilbaha West, Kilcarra Beg, Kilcarra More, Kilcolgan Lower, Kilconly North, Kilconly South, Kilcreen, Kilfeighny North, Killacrim, Killarida, Killehenny, Killelton (E.D. Astee), Kilmaniheen East, Kilmaniheen West, Kilmeany, Kilmore (E.D. Ardagh), Kilpaddoge, Kilteean, Knockachur, Knockaclare, Knockafreaghaun, Knockamoohane, Knockane (E.D. Listowel Rural), Knockaneroe, Knockaunbrack, Knockauncurragh, Knockaunnanoon, Knockawinna, Knockbrack (E.D. Brosna), Knockburrane, Knockeencreen, Knocknacurra, Knocknadarriv, Knocknagashel East, Knocknagashel West, Knocknagoum, Knockognoe, Knoppoge (E.D. Ballyduff), Knoppoge (E.D. Gneeves), Knoppoge North, Kylatallin, Lacka East (E.D. Kilmeany), Lackabane (E.D. Mount Eagle), Lackbrooder, Leagh-marshes, Letter (E.D. Astee), Liscullane, Lislaughtin, Listowel, Lixnaw, Lyracrumpane, Maghanknockane, Maulin (E.D. Kerryhead), Meen, Meenbannivane, Meenleitrim North, Meenleitrim South, Meenogahane, Meenscovane, Meenyvoughaun, Moyassa, Moynsha, Moyvane South, Muckenagh (E.D. Kiltomy), Muingnaminnane, Murher, Mweevoo, Mweevuck, Pallas, Pollagh, Poulnahaha, Pulleen, Rahoonagh, Ralappane, Rathea, Rathmore (E.D. O’Brennan), Rathoran, Rattoo, Reacashlagh (E.D. Mount Eagle), Reanagowan, Reenturk, Rusheen (E.D. Carrig), Rusheenpark, Scartleigh, Shanacool, Shanbally, Shrone East, Shrone Middle, Shrone West, Shronebeirne, Skehanierin Lower, Sleveen, Sluicequarter, Tarbert, Tarbert Island, Tiduff, Tieraclea Lower, Tiershanaghan, Toor (E.D. Trienearagh), Tooreenagowan, Tooreenard, Tooreenmore (E.D. Knocknagashel), Tooreennascarty, Trienearagh and Tullamore (E.D. Shronowen) in County Kerry; Abbeyfeale East, Abbeyfeale West, Abington, Acres, Adare, Annagh (E.D. Galbally), Ardaneer, Ardshanbally, Ardvarna, Ashroe, Athea Lower, Athea Upper, Aughinish East, Aughinish West, Ballagh, Ballaghbehy, Ballaghbehy North, Ballaghbehy South, Ballinloughane (E.D. Rooskagh), Ballinvoher, Ballyart, Ballycanauna, Ballycasey, Ballyclogh (E.D. Ballyvarra), Ballycoshown, Ballyculhane, Ballydonohoe (E.D. Gllin), Ballydoole (E.D. Ballynacarriga), Ballygiltenan North, Ballygrennan (E.D. Limerick North Rural), Ballyguy, Ballyhoolahan, Ballykeeffe, Ballylongford, Ballymartin (E.D. Castletown), Ballynacarriga, Ballynacourty (E.D. Castletown), Ballynamuddagh (E.D. Glin), Ballynash (Clare), Ballynash (E.D. Iveruss), Ballysteen (E.D. Iveruss), Ballyvarra, Ballyvarra Wood, Ballyvollane, Ballyvorheen, Beagh, Bilboa, Blackabbey, Boher (E.D. Ballyvarra), Bohergar, Brackyle, Brittas, Buffanoky, Bunkey, Bunlicky, Bushyisland, Caher (Connell), Caher (Hayes), Caher (Lane), Caheragh, Caherlevoy, Cappamore, Cappanouk, Carheeny, Carrig Beg, Carrig More, Carrig West, Carrowbane Beg, Carrowbane More, Castlegarade, Castlemungret, Castletown (Kilcornan Ph), Castletroy, Churchfield, Churchfield (part of), Clash North, Cleanglass North, Cloghatacka, Clogher, Cloghnadromin, Clondrinagh, Clonkeen (Barrington), Clonkeen (Molyneux), Clonmacken, Cloon and Commons, Cloonanna, Cloonlusk, Cloonteen, Clorhane, Conigar (E.D. Ballycummin), Cooga Lower, Cooga Upper, Cool East, Cool West, Coolbane, Coolbaun (E.D. Oola), Coolnahila (Palmer), Coolnahila (Powell), Coolnapisha, Coonagh East, Coonagh West, Cooperhill, Corcamore, Corelish East, Corelish West, Corgrig, Court (E.D. Glin), Court (E.D. Kildimo), Courtbrown, Crag, Cragbeg, Craggs, Cratloe East, Cratloe West, Cullenagh (E.D. Doon West), Cunnagavale, Curraghafoil, Curraghakimikeen, Darkisland, Derreen (E.D. Kilmoylan), Doon North, Doon South, Drombane, Dromcluher, Dromeenboy, Dromeliagh, Drominboy Lower, Dromlara, Dromroe (E.D. Ballysimon), Dromroe (E.D. Glengort), Dromsallagh, Dromtrasna (Collins), Dromtrasna (Hartnett), Dromtrasna North, Durnish, Dysert, Eyon, Faha, Fairyhall, Farranmiller, Fawnamore, Foilycleara, Foyle, Foynes Island, Gannavane, Gannavane Upper, Garrane More, Garraunykee, Garrymore, Glascurram, Glenagower, Glenbane East, Glenbane West, Glengort North, Glenquin South, Glin Demesne, Gortavacoosh, Gortavalla East, Gortavalla South, Gortnaclohy, Gortnagarde, Gortnagross, Gortnascarry, Gortnaskehy, Grange Lower (E.D. Ballyvarra), Greenish Island, Hermitage, Island Mac Teige, Islandea, Keale (E.D. Rathronan), Kilcurly (E.D. Adare North), Kilduffahoo, Kilgobbin, Kilkinlea Lower, Kilkinlea Upper, Killacolla (Barker), Killacolla (E.D. Fleanmore), Killaculleen, Killeenagarriff, Killonan (E.D. Ballyvarra), Killuragh, Kilteery, Kishyquirk, Knockanbaun, Knockanerry, Knockbrack, Knockcoolkeare, Knocknadiha, Knocknagornagh, Knocknasnaa, Knocksentry, Kylegarve, Lacka (E.D. Castleconnell), Lacka Beg, Lacka More, Lackanagoneeny, Laghtane East, Leahys, Limerick, Linfield, Lismullane, Lisnagry, Loghill (E.D. Loghill), Maddyboy, Meenyline North, Mellon, Moanduff, Moig South, Mondellihy, Mongfune, Montpelier, Morgans North, Mountcollins, Mountsion (E.D. Caherconlish East), Mounttrenchard, Newcastle, Newgarden North, Newtown (E.D. Carrig), Oorla, Pallasbeg, Port (E.D. Adare North), Port (E.D. Port), Portcrusha, Prospect (E.D. Ballyvarra), Pullagh (E.D. Doon South), Rath, Rathwood, Reask, Reboge, Reenavanna East, Reenavanna West, Ringmoylan, Rivers, Robertstown, Rooskagh West, Scart (E.D. Ballyvarra), Seeconglas, Shannonview, Sreelane, Sroolane North, Stradbally North, Sunville, Templeathea East, Templeathea West, Templeglentan West, Tervoe, Tinnatarriff, Tomdeely North, Toomaline Lower, Toomaline Upper, Toornafulla, Tulligoline North, Tulligoline South, Turagh, Waterpark, Woodfarm and Woodstown in County Limerick; Aughavehir, Ballina, Ballyhourigan, Ballymackeogh, Ballynanoose, Barnabaun, Bauraglanna, Baurnadomeeny, Birdhill, Bleanbeg, Bolingbrook, Boolatin, Bunkimalta, Cahernahallia, Churchquarter, Clonbealy, Clonbunny, Clonsingle, Clonygaheen, Coolnadornory, Coolruntha, Coonmore, Coumnagillagh, Cullenagh (E.D. Ballina), Cummer Beg, Curraghduff (E.D. Killoscully), Curraghmarky, Curreeny, Curreeny Commons, Curryquin, Doonane, Foildarragh, Foildarrig, Foilduff, Foilmahonmore, Foilycleary, Foxhall, Garracummer, Garraunbeg, Garrynatineel, Glencroe, Glengar, Gortacoula, Gortaderry, Gortnaskehy (E.D. Kilnarath), Gortybrigane, Greenhills (E.D. Birdhill), Kilcommon (E.D. Foilnaman), Killeen (E.D. Greenhall), Killoscully, Kilmacogue, Knockadromin, Knockanavar, Knockfune (E.D. Kilnarath), Knocknakill, Knocknamoheragh, Knockshanbrittas, Lackabrack (E.D. Lackagh), Lackagh, Lackenavea (Dunalley), Lackenavea (Egremont), Laghile (E.D. Abington), Leugh, Lisnageenly, Loughbrack, Mackney (Bourke), Mackney (O’Brien), Maryglen, Middlequarter (E.D. Lackagh), Moanvaun (E.D. Glengar), Mountrivers, Mucklin, Newport, Newross, Oakhampton, Pollagh (E.D. Birdhill), Pollagh (E.D. Newport), Reardnogy More, Rockvale, Roolagh, Rossaguile, Rossary Beg, Rossarymore, Scraggeen, Shanballyedmond, Shower, Toorataggart and Tullow (E.D. Newport) in County Tipperary. Schedule 3 Regulation 3 Natural habitat type and animal and plant species lists Natural Habitat Type In this list the sign indicates a priority habitat type as defined in the Directive. Natura 2000 Code 1110 Sandbanks which are slightly covered by sea water all the time 1130 1140 Mudflats and sandflats not covered by seawater at low tide 1150 Coastal lagoons* 1160 Large shallow inlets and bays 1170 1220 Perennial vegetation of stony banks 1230 Vegetated sea cliffs of the Atlantic and Baltic coasts 1310 and other annuals colonising mud and sand 1330 Atlantic salt meadows (Glauco-Puccinellietalia maritimae) 1410 Mediterranean salt meadows (Juncetalia maritimi) 3260 Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation 6410 meadows on calcareous, peaty or clayey-silt-laden soils (Molinion caeruleae) Alluvial forests with Alnus glutinosa Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae)* Animal and Plant Species Natura 2000 Code Common Name Scientific Name 1029 Freshwater Pearl Mussel Margaritifera margaritifera 1095 Sea Lamprey Petromyzon marinus 1096 Brook Lamprey Lampetra planeri 1099 River Lamprey Lampetra fluviatilis 1106 Salmo salar 1349 Common Bottlenose Dolphin Tursiops truncatus 1355 Lutra lutra Schedule 4 Regulation 5 Activities requiring consent of Minister ARC Code ARC 01 Reclamation, including infilling. ARC 02 Stocking or re-stocking with fish. ARC 03 Blasting, drilling, dredging or otherwise removing or disturbing fossils, rock, minerals, mud, sand, gravel or other sediment. ARC 05 Cutting, uprooting or otherwise removing plants. [Consent is not required for harvesting of cultivated crops, or for grazing or mowing.] ARC 06 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.] ARC 08 ARC 09 Construction or alteration of tracks, paths, roads, bridges, culverts or access routes. ARC 10 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.] ARC 11 Digging, ploughing, harrowing or otherwise disturbing soil or substrate. [Consent is not required for these activities on established reseeded grassland or cultivated land provided it is greater than 50m from a river, stream, floodplain, wetland, lake, turlough or pond.] ARC 12 Applying inorganic or organic fertiliser, including slurry and farmyard manure. [Consent is not required for these activities on established reseeded grassland or cultivated land provided it is greater than 20m from a river, stream or floodplain; or greater than 50m from a wetland, lake, turlough or pond.] ARC 13 Applying lime. [Consent is not required for this activity on established reseeded grassland or cultivated land provided it is greater than 20m from a river, stream or floodplain; or greater than 50m from a wetland, lake, turlough or pond.] ARC 14 Storage, burial, disposal or recovery of any materials. [Consent is not required for these activities on established reseeded grassland or cultivated land provided it is greater than 20m from a river, stream or floodplain; or greater than 50m from a wetland, lake, turlough or pond.] ARC 15 Burning, topping, clearing scrub or rough vegetation or reseeding. [Consent is not required for these activities on established reseeded grassland or cultivated land provided it is greater than 20m from a river, stream or floodplain; or greater than 50m from a wetland, lake, turlough or pond.] ARC 18 Application of pesticides, including herbicides. [Consent is not required for these activities on established reseeded grassland or cultivated land provided it is greater than 20m from a river, stream or floodplain; or greater than 50m from a wetland, lake, turlough or pond.] ARC 19 Supplementary feeding of livestock. [Consent is not required for this activity on established reseeded grassland or cultivated land provided it is greater than 20m from a river, stream or floodplain; or greater than 50m from a wetland, lake, turlough or pond.] ARC 20 Significant changes in livestock density (including introduction of grazing), changes in livestock type or grazing season, other than on established reseeded grassland. [Consent is not required for changes of less than 20% in livestock density unless notice has been given that a lower percentage is applicable to a particular site.] ARC 22 Changing of agricultural use from hay meadow to any other use. ARC 24 Works on, or alterations to, the banks, bed or flow of a drain, watercourse or waterbody. ARC 25 Drainage works including digging, deepening, widening or blocking a drain, watercourse or waterbody. ARC 26 Entry of livestock or machinery into stretches of river containing, or upstream from, freshwater pearl mussel. ARC 27 Water abstraction, sinking of boreholes and wells. ARC 28 Felling of trees or removing timber, including dead wood. ARC 29 Planting of trees or multi-annual bioenergy crops. ARC 31 Developing or consenting to the development or operation of commercial recreational/visitor facilities or organised recreational activities. ARC 35 Undertaking active acoustic surveys in the marine environment. ARC 36 Harvesting marine invertebrate species in intertidal areas. ARC 37 Driving mechanically propelled vehicles in intertidal areas, except over prescribed access routes. GIVEN under my Official Seal, 21 June, 2023. DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage. EXPLANATORY NOTE This note is not part of the Instrument and does not purport to be a legal interpretation .) These Regulations provide (Regulations 6 and 7) that contravention of the provisions of these Regulations shall constitute an offence. Regulation 6 also provides for penalties. 1 OJ No. L206, 22.07.1992, P. 7