EUROPEAN COMMUNITIES (BIRDS AND NATURAL HABITATS) REGULATIONS 2011

joela

I was wondering if anyone had any opinions on the recent publication of the Birds and Habitats Regulations 2011 and the potential impact it will have in every aspect of Irish life. I suppose Appropriate Assessment is the big challenge as to how it will be implemented and how the local authorities are going to cope. Any thoughts?

Link to publication below:
http://www.npws.ie/media/npwsie/content/files/Birds%20and%20Habitats%20Regulations%20SI%20477%20of%202011.pdf

Oldtree

If its like the 1992 directive, then we were waiting over 20 years for its partial adoption here and still no enforcement!

joela

Oldtree wrote: »

If its like the 1992 directive, then we were waiting over 20 years for its partial adoption here and still no enforcement!

It is the the Habitats Directive 1992 transposed fully into law and replacing the earlier Habitat Regulations 1997. I think one of the biggest changes will be the full adoption of Appropriate Assessment which could mean that even putting a drain in a field close to a Natura 2000 site will require and Appropriate Assessment. Good news for bogs and fens amongst other things.

Oldtree

On a quick read its clear that I'll have to spend a few days trying to decifer this.

Is it about named ie sac areas only? used as a getaround the last time?
Does it cover priority habitats like limestone pavements?
What are the enforcement steps here?
Does this also include the issue of where the council does nothing in enforcement that the issue can then be forwarded to an bord pleanala?
Does this get rid of the 7 year rule?
Can an unauthorised quarry on a limestone pavement now be closed by the council or is that still left to joe public to do, or not due to the costs involved?

joela

Oldtree wrote: »

On a quick read its clear that I'll have to spend a few days trying to decifer this.

Is it about named ie sac areas only? used as a getaround the last time?
Does it cover priority habitats like limestone pavements?
What are the enforcement steps here?
Does this also include the issue of where the council does nothing in enforcement that the issue can then be forwarded to an bord pleanala?
Does this get rid of the 7 year rule?
Can an unauthorised quarry on a limestone pavement now be closed by the council or is that still left to joe public to do, or not due to the costs involved?

Wow not sure I can answer all that:

I'm not sure what you mean by named as such but this legislation protects Natura 2000 sites and their qualifying species and habitats. However habitats and species listed on the Annexes of the EU Habitats Directive are now protected from damaging activities by the Environmental Liabilities Directive. The ELD has been in law here for some time but the EPA is now the Competent Authority and has a unit in Iniscarra in Cork specifically for Environmental Liability Directive.

The ELD will cover priority habitat so the anyone damaging it has to restore, remediate, will be fined and will have to pay to put things right. No case has yet been brought in Ireland, I guess it will take Joe Public to report and follow up an incidence.

Ah the enforcement steps, I don't know really. I guess the NPWS will do their best with their skeleton crew of rangers to police the sites as before but hopefully it will also give them a chance to actually bringing some cases to court. Who knows?

I am not sure ABP can do anything really, I think it may be a matter of chasing it through NPWS/EPA/Council and eventually to Europe I really don't know.

Sorry I guess I haven't helped much.

Oldtree

The last time the legislation was brought forward instead of a blanket protection for priority habitats as was intended in 1992, when we got around to it we only protected named sites ie SAC NHA etc and that is how we got around having to protect all priority habitats and eventually were taken to the ECJ over it. But the ELD does look an interesting avenue to persue, but again I am aware of the EPA passing issues ionto the council and nothing happens.

With regard to enforcement the eu are aware that Ireland while taking enforcement "action" generally settle on the court steps as a means of circumventing the EU legisleation, the quarry issue is a real quagmire and way beyond joe public affording to take a court action. I know of a recent case where an unauthorised quarry got planning, got by An bord pleanala too, the objectors were considdering taking a further case but the solicitor said that there was a good case (75% possibility of success) but 25% that the clients could lose their house! what do you do when even the authorities are against you and you could lose your house?

joela

Oldtree wrote: »

The last time the legislation was brought forward instead of a blanket protection for priority habitats as was intended in 1992, when we got around to it we only protected named sites ie SAC NHA etc and that is how we got around having to protect all priority habitats and eventually were taken to the ECJ over it. But the ELD does look an interesting avenue to persue, but again I am aware of the EPA passing issues ionto the council and nothing happens.

With regard to enforcement the eu are aware that Ireland while taking enforcement "action" generally settle on the court steps as a means of circumventing the EU legisleation, the quarry issue is a real quagmire and way beyond joe public affording to take a court action. I know of a recent case where an unauthorised quarry got planning, got by An bord pleanala too, the objectors were considdering taking a further case but the solicitor said that there was a good case (75% possibility of success) but 25% that the clients could lose their house! what do you do when even the authorities are against you and you could lose your house?

I might be wrong or misunderstanding you but the Annex I Habitats (priority or otherwise) are only protected under the Habitats Directive when within a Natura 2000 site. That is why in my opinion it will be good to see the ELD implemented here as Annex habitats and species will be protected outside Natura 2000 sites.

Oldtree

The intention of the 1992 directive was blanket protection for named habitat types within the eu, but when it came to legislating the directive in Ireland the directive was circumvented by only covering named areas, sac's etc.

Any further legislation that affords protection to these habitats is a positive thing, like the ELD, but its my bet that the EPA will only look at pollution aspects of that really.

Some further protection is afforded in the recent planning and development bill here:

http://www.oireachtas.ie/viewdoc.asp?DocID=11970

but important bits are still awaiting to be enacted by way of Statutory Instrument, such as the 7 year rule! thus the quarrymasters still rock on uninhibited and why Ireland is still under pressure from the EU and ECJ.