European Communities (Conservation of Wild Birds (Lough Kinale and Derragh Lough Special Protection Area 004061)) Regulations 2010.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Communities (Conservation of Wild Birds (Lough Kinale and Derragh Lough Special Protection Area 004061)) Regulations 2010.
(2) These Regulations come into operation on 12th March 2010.
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paragraphs: (1) In these Regulations—
(a) a Minister of the Government;
(b) a local authority within the meaning of the Local Government Act 2001 (No. 37 of 2001); or,
(c) a board or other body (but not including a company under the Companies Acts) established by or under statute;
(2) A word or expression that is used in these Regulations and is also used in the Directive shall, unless the contrary intention appears, have in these Regulations the meaning that it has in the Directive.
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paragraphs: In order to ensure the survival and reproduction of the species to which Article 4 of the Directive relates, including in particular the species specified in Schedule 3 and having taken account of the matters referred to in Article 4 of the Directive, the area referred to in Schedule 2 and further identified by reference to the maps contained in Schedule 1, is designated as a special protection area.
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paragraphs: (1) Subject to paragraph (2), a person shall not perform any operation or activity specified in Schedule 4 in the special protection area without the prior written consent of the Minister.
(2) There is no requirement to obtain the consent of the Minister if:—
(a) the operation or activity is licensed by or subject to the permission of another public authority, or
(b) the operation or activity is specified as permitted in a farm or land management plan (subject to compliance with any conditions set out therein).
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paragraphs: (1) Any person who contravenes Regulation 4(1) commits an offence and is liable:—
(a) on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 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.
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paragraphs: (1) Paragraph 53 (inserted by Regulation 2 of the European Communities (Conservation of Wild Birds) (Amendment) (No. 4) Regulations, 1995 ( S.I. No. 286 of 1995 )) of the Schedule to the European Communities (Conservation of Wild Birds) Regulations 1985 ( S.I. No. 291 of 1985 ) is revoked.
(2) Notwithstanding paragraph (1)—
(a) any civil or criminal proceedings brought under the Regulations revoked in paragraph (1) and pending when these Regulations come into operation may be continued as if they had been brought under these Regulations.
(b) any document, notice, decision, act or thing issued, made or done by the Minister under the Regulations revoked in paragraph (1) shall continue to have full force and effect on and after the commencement of these Regulations.
(c) any act, decision or other thing commenced but not completed by the Minister under the Regulations revoked in paragraph (1) may be continued and completed by the Minister under these Regulations.