IRISH ENVIRONMENTAL LEGISLATION

These Regulations amend the European Communities (National Emissions Ceiling) Regulations 2004 ( S.I. No. 10 of 2004 ) which transposed National Emissions Ceiling Directive 2001/81/EC. Regulation 3(2) is amended to state a word or expression that is used in the regulations has the same meaning as a word or expression used in the Directive. Regulation 5 clarifies that the provisions of S.I. No. 10 of 2004 apply to Irelandôs Exclusive Economic zone (EEZ), as established by section 87 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No.8 of 2006).

These Regulations amend the Aquaculture (Licence Application) Regulations 1998 ( S.I. No. 236 of 1998 ) by increasing both the public and statutory consultation period in respect of an aquaculture licence application which is accompanied by an environmental impact statement.

The purpose of these Regulations is to give further effect in Irish law to Article 3 and Articles 2 to 4 of Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment insofar as it applies to certain licensable activities that require both a land-use consent and a waste licence. These Regulations amend the Waste Management Act 1996 (No. 10 of 1996) and the Planning and Development Act 2000 (No. 30 of 2000) so as to ensure that an environmental impact assessment is carried out, where required under Directive No. 2011/92/EU, in relation to relevant decisions of the Environmental Protection Agency to grant a waste licence.

The purpose of these Regulations is to give further effect in Irish law to Article 3 and Articles 2 to 4 of Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment insofar as it applies to certain licensable activities that require both a land-use consent and an integrated pollution prevention and control licence. These Regulations amend the Environmental Protection Agency Act 1992 (No. 7 of 1992) and the Planning and Development Act 2000 (No. 30 of 2000) so as to ensure that an environmental impact assessment is carried out, where required under Directive No. 2011/92/EU, in relation to relevant decisions of the Environmental Protection Agency to grant an integrated pollution prevention and control licence

This Statutory Instrument sets new application fees for Dumping at Sea permits in accordance with Section 5 (5) of the Dumping at Sea Act 1996 .

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 (úthe Birds Directiveù) 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

Commission Directive 2011/75/EU updates the principal Directive 96/98/EC on marine equipment by substituting a new Annex A that sets out the marine equipment to be placed on board ships and the testing standards that apply under the international maritime conventions for MARPOL (prevention of pollution), SOLAS (safety at sea), Load Lines and Collision Regulations. These Regulations transpose Directive 2011/75/EU with effect from 5 October 2012 and provide that transitional arrangements apply until 5 October 2014 in respect of certain marine equipment that was manufactured before 5 October 2012. The updating consists of amending the European Communities (Marine Equipment) Regulations 2009 ( S.I. No. 259 of 2009 ) as amended by S.I. No. 86 of 2010 and S.I. No. 448 of 2011 .

The Regulations amend the National Monuments Act 1930 (No. 2 of 1930) to require the carrying out of an environmental impact assessment where a decision to grant consent under section 14 (2) (a) of that Act, or to issue directions under section 14A (4) (d) of that Act, would result in the demolition of a national monument. Section 14 (1) of the National Monuments Act 1930 prohibits certain actions affecting national monuments of which the Minister for Arts, Heritage and the Gaeltacht or a local authority are the owners or guardians, or in respect of which a preservation order is in force, unless the consent of the Minister has been granted under section 14 (2) (a). Section 14A (4) (d) provides for directions by the Minister for Arts, Heritage and the Gaeltacht to a road authority in respect of a national monument newly discovered in the course of works being carried out in connection with an approved road development for the purposes of the Road Act 1993 (No. 14 of 1993). This amendment of the National Monuments Act 1930 is necessitated by the requirement to give effect in Irish law to Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, in so far as it relates to demolition of national monuments.