EUROPEAN COMMUNITIES (BIRDS AND NATURAL HABITATS) (RESTRICTIONS ON USE OF POISON BAIT) REGULATIONS 2010
Source: Iris Oifigiúl 2010-10-08

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paragraphs: These Regulations may be cited as the European Communities (Birds and Natural Habitats)(Restrictions on use of Poisoned Bait) Regulations 2010.
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paragraphs: (1) In these Regulations, save where the context otherwise requires:
(a) any land,
(b) land covered by water including inland waters,
(c) inland waters,
(d) the foreshore,
(e) the territorial seas of the State, and the seabed and subsoil beneath those seas,
(f) the exclusive economic zone of the State, including the waters above its seabed and the seabed and ocean floor and subsoil beneath those waters,
(g) the seabed and ocean floor and subsoil situated in any area designated under section 2 of the Continental Shelf Act 1968 ,
(2) A word or expression that is used in these Regulations and is also used in the Birds or Habitats Directive shall, unless the contrary intention is expressed, have in these Regulations the meaning that it has in both of these Directives.
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paragraphs: —(1) A notice, or other document or thing, required to be served or given under, these Regulations shall be addressed to the person concerned and served or given
(a) by addressing it to the person by name and delivering it to him or her,
(b) by leaving it at the address at which the person ordinarily resides or carries on business,
(c) by sending it by post in a prepaid registered letter addressed to him or her at the address at which he or she ordinarily resides or carries on business,
(d) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to him or her to, that address, or
(e) where there is a facility for receiving a copy of the notice by electronic mail or a facsimile of the notice by electronic means at the address at which the person ordinarily resides or carries on business, by transmitting a copy of the notice by electronic mail or a facsimile of the notice by such means to that address, provided that the notice is also served or given in any of the other ways referred to in this paragraph other than this subparagraph.
(2) If the name of a person concerned cannot be ascertained after reasonable inquiry a notice under these Regulations may be addressed to “the occupier”, “the owner” or “the person in charge”.
(3) For the purpose of this Regulation a company registered under the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business.
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paragraphs: (1) A person shall not place, cause to be placed or permit to be placed or have with him or her any poisoned or anaesthetic bait that is animal or contains animal substance or other animal derivative in any place to capture, kill, poison, stupefy, anaesthetise, harm or injure or where it is likely to capture, kill, poison, stupefy, anaesthetise, harm or injure:
(i) any species referred to in Article 1 of the Birds Directive, or
(ii) any species of wild fauna listed in Annexes IV(a) and V(a) to the Habitats Directive,
(2) A person who contravenes paragraph (1) commits an offence.
(3) For the purposes of this Regulation, a licence means a licence, permit or authorisation granted under these Regulations or the Wildlife Acts, 1976 — 2010 or a declaration made under Regulation 3 of the European Communities (Wildlife Act, 1976) (Amendment) Regulations, 1986 ( S.I. No. 254 of 1986 ) as amended by the European Communities (Wildlife Act, 1976) (Amendment) Regulations, 1997 ( S.I. No. 152 of 1997 ).
(4) For the avoidance of doubt, in the event of conflict between these Regulations and sections 22(5) and 23(7) of the Wildlife Act 1976 these Regulations prevail.
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paragraphs: (1) If, in his or her opinion, there is no satisfactory alternative and the derogation is not detrimental to the maintenance of the populations of the species to which the Birds and Habitats Directives relate, at a favourable conservation status in their natural range, the Minister may, in respect of one or more of those species, grant a licence to a person permitting a derogation from complying with the requirements of the provisions of section 20, 21 and 22 of the Wildlife Act 1976 , as amended, and Regulation (4)(1) where it is—
(a) in the interests of protecting wild fauna and flora and conserving natural habitats,
(b) to prevent serious damage, in particular to crops, livestock, forests, fisheries and water and other types of property,
(c) in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment,
(d) for the purpose of research and education, of repopulating and re-introducing these species and for the breeding operations necessary for these purposes, including the artificial propagation of plants,
(e) to allow, under strictly supervised conditions, on a selective basis and to a limited extent, the taking or keeping of certain specimens, or
(f) to permit, under strictly supervised conditions and on a selective basis, the capture, keeping or other judicious use of certain birds in small numbers.
(2) A licence granted under paragraph (1) shall be subject to such conditions, as the Minister considers appropriate and such conditions shall be specified in the licence.
(3) Without prejudice to a condition, specified in the licence, a licence granted under this Regulation is subject to section 14 (2) to (5) of section 14 of the Protection of Animals (Amendment) Act, 1965 (No. 10 of 1965).
(5) The licence permitting a derogation under paragraph (1) must specify:
(a) the species which are subject to the licence,
(b) the means, devices or methods authorised for the capture or killing and the reasons for their use, including equipment or substances to be used, if any,
(c) the conditions of risk and the circumstances of time and place under which the licence is granted,
(d) the authority empowered to declare and check that the required conditions obtain and to decide what means, devices or methods may be used, within what limits and by what agencies, and which persons are to carry out the task,
(e) the controls which will be carried out and
(f) a requirement for reporting to the Minister on the results of activities carried out under the licence.
(6) The Minister shall forward to the Commission each year, in accordance with the Birds Directive and every 2 years, in accordance with the Habitats Directive, a report, in accordance with a format established by the Commission, on the derogations to which paragraph (1) relates.
(7) The reports referred to in paragraph (6) shall specify—
(a) the species which are subject to the derogations and the reason for the derogation, including the nature of the risk with, if appropriate, a reference to alternatives rejected and scientific data used,
(b) the means, devices or methods authorised for the capture or killing and the reasons for their use, including equipment or substances to be used, if any,
(c) the circumstances of when and where such derogations are granted,
(d) the authority empowered to declare and check that the required conditions obtain and to decide what means, devices or methods may be used, within what limits and by what agencies, and which persons are to carry out the task,
(e) the supervisory measures used and the results obtained.
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paragraphs: (1) Subsection (1) of Section 14 of the Protection of Animals (Amendment) Act, 1965 is amended by the insertion after “the provisions of this section” of the following:
“and Regulations 4 and 5 of the European Communities (Birds and Natural Habitats) (Restrictions on use of Poison Bait) Regulations 2010”.
(2) The European Communities (Wildlife Act, 1976) (Amendment) Regulations, 1986( S.I. No. 254 of 1986 ), as amended by the European Communities (Wildlife Act, 1976) (Amendment) Regulations, 1997 ( S.I. No. 152 of 1997 ), is amended by the insertion after paragraph (3),
“(3A) Before the Minister makes a declaration pursuant to Regulation 5(1), the Minister shall be satisfied that the making of the declaration will not authorise any action that is inconsistent with the requirements of the Directive (as amended) or Council Directive 92/43/EEC of 21 May 1992 (O.J. No. L 206, 22.7.1992, p.7) (as amended).”
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paragraphs: (1) Any person who for the time being stands appointed as an authorised officer pursuant to Regulation 7 of the European Communities (Natural Habitats) Regulations 1997 ( S.I. No. 94 of 1997 ) shall be an authorised officer for the purposes of these Regulations.
(2) Whenever a person is exercising any function conferred on him or her as an authorised officer such person shall, if requested by a person affected, produce his or her certificate of appointment or other evidence of his or her appointment as an authorised officer to the person so requesting.
(3) For the avoidance of doubt, these Regulations shall not affect the validity of the appointment of an authorised officer pursuant to Regulation 7 of the European Communities (Natural Habitats) Regulations 1997 ( S.I. No. 94 of 1997 ) who was appointed prior to the commencement of these Regulations.
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paragraphs: (1) An authorised officer may for any purpose connected with these Regulations—
(a) enter and inspect any lands or premises for the purposes of performing any of his or her functions under these Regulations or of obtaining any information which he or she may require for such purposes,
(b) at all reasonable times, or at any time if he or she has reasonable grounds for believing that there is or may be a risk to any species referred to in Article 1 of the Birds Directive,
(c) at any time if he or she has reasonable grounds for suspecting there may be a risk to any species referred to in Article 1 of the Birds Directive,
(I) halt that vehicle (or the vehicle by which that vehicle is transported)
(II) board that vehicle (or the vehicle by which that vehicle is transported)
(2) For the purposes of this Regulation an authorised officer may, subject to paragraph (3) enter any premises.
(3) An authorised officer shall not enter into a private dwelling under this Regulation unless one of the following conditions applies—
(a) the entry is effected with the consent of the occupier, or
(b) the entry is authorised by a warrant issued under Regulation 9.
(4) Whenever an authorised officer enters any premises or boards any vehicle, under this Regulation, he or she may do all things reasonably necessary for the purpose for which the entry is made and, in particular—
(a) carry out an inspection,
(b) carry out surveillance and examinations of the relevant natural habitats and species,
(c) take photographs and carry out inspections, record information on data loggers, make tape, electrical, digital, video or other recordings,
(d) carry out tests and make copies of documents (including records kept in electronic form) found therein and take samples,
(e) require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for a specified period,
(f) require information from an occupier of the premises, of any occupant of the vehicle or any person employed on the premises or any other person on the premises,
(g) require the production of, or inspect, documents or records (including documents or records held in electronic form), or take copies of or extracts from any documents or records, and
(h) remove and retain documents and records (including documents and records held in electronic form) for such period as may be reasonable for further examination, which the authorised officer, having regard to all the circumstances, considers necessary for the purposes of exercising any of his or her functions under these Regulations,
(i) remove and retain any specimen or any item for such period as may be reasonable for further examination or for use in proceedings, or both, which the authorised officer, having regard to all the circumstances, considers necessary for the purposes of exercising any of his or her functions under these Regulations,
(5) A person shall not—
(a) refuse to allow an authorised officer to enter any premises or board any vehicle or to bring any person or equipment with him or her in the exercise of his or her functions,
(b) obstruct or impede an authorised officer in the exercise of any of his or her functions,
(c) give to an authorised officer information which is to his or her knowledge false or misleading in a material respect,
(d) without reasonable excuse, fail or refuse to comply with any direction or requirement of an authorised officer, or