NHAs & Reserves
Natural Heritage Areas
Under the wildlife legislation, there is a provision for designation as a nature reserve and natural heritage area. All public bodies are obliged to consult with the Minister for the Environment before determining matters which are likely to affect a nature reserve or a national heritage area.
A Natural Heritage Area is an area worthy of conservation for one or more species, communities, habitats, landforms, logical or geomorphologic features or for its diversity of natural attributes. Many are bogs, whether blanket bogs or raised bogs.
They are designated and protected under The Wildlife Act 2000 Part III. The proposal is published. There is a period for making objections. The order is either confirmed or confirmed as varied, or objections may be made.
Nature Reserves
Nature reserves may be established by ministerial order under the Wildlife Act in respect of state or foreshore land owned by the State. Nature reserves may be recognised on private land. Lands may be designated as a refuge for the protection of particular species of flora or fauna.
The procedure for making a nature reserve or a refuge is similar to that under the habitats regulations. A notice is given of the intention to make the order, which is served on persons affected. It is also published in a newspaper.
Persons with an interest or who claim the order may affect them have a right to object within two months. The Minister may confirm or vary the proposed order. Compensation may be payable to persons affected.
NHA Selection
Se lection criteria for individual NHA habitat types include following
- Protection of the site will make a significant contribution to the conservation of one or more species (or other biological type) which are considered vulnerable, rare or endangered in Ireland, or in the Atlantic biogeographical region, or which are covered by any relevant international treaty to which Ireland is a party.
- Protection of the site will make a significant contribution to the conservation of one or more species which are protected in Ireland under national or international law.
- Protection of the site will make a significant contribution to the conservation of one or more habitats which are considered vulnerable, rare or endangered, either in Ireland or in western Ireland
- The site is one of a series selected to represent habitats or ecosystems which are typical of Ireland
- The site is one of a series of sites selected to represent a range of variation of habitats which are typical of Ireland.
- The protection of the site will, in the judgement of the Geological Survey of Ireland, contribute significantly to the conservation of geological, geomorphological or fossil features.
Designation Process
Notice of the order is published in a newspaper, and notice is served on the owners or occupiers. Representations are considered before an order is made.
The effect of a natural heritage area order is that persons may not, without planning permission, carry out work specified unless the owner or occupiers give notice in writing of the works and the Minister has either consented or not refused its consent within six months of notice being given. It must specify the nature of the works and lands concerned.
If consent is refused to activity or works in a natural heritage area, the owner may be entitled to compensation in respect of the loss suffered. This is the difference between the prior value and the subsequent value of the land.
Compensation does not apply where the works would significantly adversely affect the site species communities or habitats or have a significant impact on it, unless the refusal involves the discontinuance or restriction of a use to which land has been put within the previous five years.
Wildlife Legislation
Apart from special designations, wildlife legislation contains a wide range of provisions to conserve and protect wildlife and promote biological diversity. This includes both prohibitions on certain things as well as powers for the Department to manage land, enter arrangements in relation to schemes with landowners.
Wild birds, their nests and eggs, except certain excluded species, are protected by the Wildlife Act. The Department of the Environment may make protection orders declaring particular species of flora to be protected generally or in particular places.
The Minister may enter agreements with landowners in relation to the management and conservation of protected areas. Money may be paid to a private landowner. The agreement is binding on successors in title.
Authorities’ Plans and Decisions
Planning authorities must indicate objectives for the conservation and protection of the environment, including particularly the natural heritage and European sites (SACs SPAs plus others) in their development plans. There is legislation requiring the strategic environmental impact assessment of certain plans and programs. One of the considerations is the impact of the plan approval in the areas of landscapes which have been recognised as national European Union international protected sites.
Planning authorities must have regard for the implications of any proposed development for which planning permission is sought for or on a European site or natural heritage area.
There is a statutory obligation on local authorities, the OPW and other bodies to consult with the Minister responsible (usually the Minister for the Environment) before determining any matter or doing a thing which is likely to affect or interfere with the suitability of a nature reserve, a refuge or land to which certain designation areas are made, including and natural heritage propose natural heritage area. The bodies must take all practical steps to avoid and minimise such effects or interference.
Proactive Steps
In principle, planning authorities are entitled to take more positive and proactive steps to promote and protect environmental protection.
- They may enter agreements with landowners regulating and restricting the use of land.
- They may acquire land for open spaces, make special amenity orders and designate landscape conservation areas.
- They make preservation orders. They may enter agreements for the creation of a public right of way over land and compulsorily acquire land right-of-way.
The local authority may designate special amenity areas under the Planning and Development Act because of their outstanding natural beauty and special recreational value and having regard to benefits for nature conservation. The Minister may direct a local authority to make an order.
Certain development, which is usually permitted under exempt development legislation, is not permissible without planning permission in the area.
NHA Consent
Landowners in a Natural Heritage Area are required to apply for permission from the Minister under the Wildlife (Amendment) Act 2000 to carry out certain works on an NHA. The works which require the consent of the Minister are found in Schedule 2 of the order designating the relevant NHA.
This prior consent requirement ensures that the Minister carries out the necessary environmental assessment to determine if the activity can take place and if any conditions should be attached to any consent given.
Miscellaneous
Local authorities may make tree preservation orders under the Planning and Development Act if they are of the opinion that it is expedient in the interests of amenity or the environment to make special preservation provision for the preservation of trees roots of trees and woodland.
The state is obliged by EU legislation to designate categories of freshwater requiring protection to support fish life in salmonid water and cyprinid waters. A further directive applies in relation to the quality of shellfish waters.
The Minister has powers under the Fisheries Act to declare that an area of the high seas is a conservation order area being an area of conservation and management for straddling fish stocks and highly migratory fish stocks covered by a regional or subregional fisheries management organisation or agreement.
This is designed to implement the UN convention in relation to the conservation and management of certain vulnerable and valuable straddling and highly migratory fish stocks.