The principal nature conservation legislation in Northern
Ireland relates to nature reserves, Areas of Special Scientific
Interest (ASSIs), wildlife protection and the implementation of the
Habitats Directive.
Nature Reserves
The Nature
Conservation and Amenity Lands (Northern Ireland) Order 1985
provides the Department of Environment for Northern Ireland with
the power to acquire land for the purpose of managing it as a
nature reserve. The Department may also enter into a
management agreement with the owners and occupiers of land for this
purpose. The Order also makes provision for the establishment
of marine nature reserves. Byelaws can be made to protect
both nature reserves and marine nature reserves.
Areas of Special Scientific Interest
The Environment
(Northern Ireland) Order 2002 provides the Department of
Environment for Northern Ireland with the power to declare areas of
land as Areas of Special Scientific Interest (ASSI) where the land
is of special interest by reason of its flora, fauna, geological,
physiographical or other features and needs to be protected.
An owner or occupier may not carry out an operation specified in
the declaration unless consent is granted for them to do so, or
unless the operation is carried out as part of a management
agreement or management notice. The Department may serve a
management notice on an owner or occupier requiring him to carry
out necessary management work specified in the notice. Public
bodies are required to further the conservation and enhancement of
ASSI land through the appropriate exercise of their functions.
Wildlife
The
Wildlife (Northern Ireland) Order 1985 makes it an offence to
intentionally kill, injure, or take any wild bird or their eggs or
nests. Special penalties are available for offences related
to birds listed on Schedule 1, for which there are additional
offences of disturbing these birds at their nests, or their
dependent young. The Order also prohibits certain methods of
killing, injuring, or taking birds, restricts the sale and
possession of captive bred birds, and sets standards for keeping
birds in captivity.
The Order makes it an offence to intentionally kill, injure, or
take, possess, or trade in any wild animal listed on Schedule 5,
and prohibits interference with places used for shelter or
protection, or intentionally disturbing animals occupying such
places. The Order also prohibits certain methods of killing,
injuring, or taking wild animals.
The Order makes it an offence to pick, uproot, trade in, or
possess (for the purposes of trade) any wild plant listed in
Schedule 8, and prohibits the unauthorised intentional uprooting of
such plants.
The Order contains measures for preventing the establishment of
species not native to Northern Ireland which may be detrimental to
native wildlife, and prohibits the release of animals and the
planting of plants listed on Schedule 9. It also provides a
mechanism making any of the above offences legal through the
granting of licences by the appropriate authorities.
Habitats Directive
The Conservation
(Natural Habitats, etc.) Regulations (Northern Ireland) 1995
(as amended) provide for the designation, protection and
management of 'European Sites', the protection of 'European
Protected Species' and the adaptation of planning and other
controls for the protection of European Sites. European Sites are
Special Areas of Conservation listed under the EC Habitats
Directive and Special Protected Areas classified under the EC Birds
Directive.
The principal nature conservation legislation in Northern
Ireland relates to nature reserves, Areas of Special Scientific
Interest (ASSIs), wildlife protection and the implementation of the
EC Habitats Directive.