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Action 22. Wildlife Act

Ireland's commitment to conservation is set out in the Wildlife Act 1976 and 2000. Under the Act there is legislation to protect flora, fauna and natural heritage areas. The Department of Arts, Heritage, Gaeltacht and the Islands are the Government body responsible for implementing the Act.

It is expected that the Wildlife Act 2000 will be implemented in a number of stages during 2001. One aspect of the process is the formal notification of NHAs following consultation with land owners. The process will allow land owners to appeal the proposed designation on scientific grounds.

Until this process is completed, proposed NHAs will not be fully protected by the Act. The area of land proposed within NHAs is substantial, amounting to approximately 7% or just over 500,000ha of the country in 1250 NHA's. Of this area 207,000ha are peatland occurring in 680 individual sites (see Table 5.1.3).

There are two shortcomings with the Wildlife Act 2000. The first is the length of time passing before action is being taken on the designation of NHAs. Dúchas are currently re-surveying NHAs to establish boundaries before they formally notify the sites. In the meantime damage to proposed NHAs continues to occur from processes such as moss peat extraction, turbary, reclamation, drainage and infill. The second problem relates to the transparency of the notification process. Non-governmental organisations cannot propose NHAs and cannot object to the de-notification of sites by the Department of Arts, Heritage, Gaeltacht and the Islands.

General Objective
To establish a network of NHAs with statutory protection.

Since 1992, IPCC has been lobbying Government to amend and implement legislation to provide NHAs with legal protection under the Wildlife Act 1976. In 1996 IPCC organised a petition from our supporters to the Department of Arts, Heritage, Gaeltacht and the Islands in connection with this issue. In association with other Irish environmental NGOs we have made a number of submissions to the Dáil select committees. Through politicians we have asked Dáil questions and we have had repeated meetings with officials from The Department of Arts, Heritage, Gaeltacht and the Islands on this issue.

Actions
3.22.1 The Minister for Arts, Heritage, Gaeltacht and the Islands should sign the order to implement the Wildlife Act 2000 at the earliest opportunity.

3.22.2 The NHA designations should be completed at the earliest opportunity.

3.22.3 Conservation NGOs should be included in the NHA appeals process.

3.22.4 The Department of Arts, Heritage, Gaeltacht and the Islands should accept proposals from NGOs for the designation of NHAs based on scientific grounds.

3.22.5 It should be an obligation on land owners or developer to restore damage to NHAs that occurs during the notification process.

3.22.6 Dúchas should undertake a public awareness programme focusing on NHAs and the aims of the Wildlife Act 2000.

3.22.7 Dúchas should consider it an offense to allow damage to NHAs during the notification phase and must use its power of injunction to stop any such damage.

Further Background Information

Joint IPCC and NGO submission made to Minister Sile De Valera in 2000 on the - Wildlife (Amendment) Bill, 1999