Wildlife Act 1976

Nature reserves on lands owned by the Minister or by the State.

15.—(1) This section applies to the following land:

(a) land (including land covered by inland waters) owned by the State, including land in which the Minister has (whether jointly or severally) any interest,

(b) any foreshore which belongs to the State,

(c) land, other than foreshore mentioned in paragraph (b) of this subsection, which forms the seabed under F33[the territorial sea of the State.]

(2) Where, after consultation with the Minister for Agriculture and Fisheries, the Minister for Transport and Power and the Commissioners, the Minister is satisfied that—

F34[(a) land to which this section applies—

(i) includes the habitat or forms, or is capable of being made to form, the habitat or part of the habitat of one or more species or community, being a species or community which is of scientific interest, or

(ii) includes or forms an ecosystem, or part of an ecosystem, which is of scientific interest, or

(iii) contains features of geological, geomorphological or other natural interest,

F35[or,

(iv) has features of the landscape which are of major importance for wild flora and fauna including birds, which include those features which by virtue of—

(I) their linear and continuous structure, such as rivers or canals with their banks or the traditional systems of marking field boundaries, or

(II) their function as stepping stones, such as ponds or small woods, are essential for the migration, dispersal and genetic exchange of wild species, for the purposes of the Habitats Directive or the Birds Directive, or

(III) their importance for the maintenance of the population of the species referred to in Article 1 of the Birds Directive at a level that corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or for adapting the population of these species to that level, or

(IV) their importance for the preservation, maintenance or re-establishment of a sufficient diversity and area of habitats by the preservation, maintenance and re-establishment of biotopes and habitats for all of the species of birds referred to in Article 1 of the Birds Directive, in particular for

(A) the creation of European Sites, or

(B) the upkeep and management in accordance with the ecological needs of habitats inside and outside European Sites, or

(D) the creation of biotopes.]

and that in the case of such habitat or ecosystem, or such part of the ecosystem, or geological, geomorphological or other natural interest is likely to benefit if measures are taken for its protection,]

(b) it is desirable to establish the land as a nature reserve, and

(c) the proper management of the land as a nature reserve would not be precluded by any interest of any other person (including a person who is an owner with the Minister) in or over the land,

he may by order (in this Act referred to as an establishment order) declare that the land shall constitute and that there shall be established by the order a nature reserve: provided that,

(i) in case the Commissioners have an interest in the land, the order shall be made by the Minister only with the concurrence of the Commissioners, and

(ii) in case the Minister’s interest in the land is held by him jointly with another person, the Minister in addition to being satisfied as regards the matters aforesaid shall, before making an establishment order in relation to the land, be satisfied that the fact that the other person has an interest in the land will not inhibit the proper management of the land by the Minister as a nature reserve.

(3) An establishment order shall specify the reason why, and shall indicate the objectives for which, the nature reserve is being established by the Minister.

(4) The Minister shall manage the land to which an establishment order relates so as to secure, as best as may be, the objectives indicated in the order having regard to and in accordance with the general protection of the natural environment.

(5) The Minister shall not amend an establishment order unless he considers that the objectives, as regards which the relevant nature reserve was established, require revision because of changes in the features F36[, characteristics or boundaries] of the reserve or in any other circumstance which affects the reserve.

(6) The Minister shall not revoke an establishment order unless he considers that it is no longer practicable or is no longer desirable to maintain the nature reserve established by the order.

(7) The Minister shall, as soon as may be after it is made, cause a copy of an order under this section to be sent to the Commissioners, to the Board and to any planning authority within whose area the land comprised in the nature reserve, or any part thereof, is situate.

Annotations

Amendments:

F33

Substituted (22.11.2021) by Maritime Jurisdiction Act 2021 (28/2021), s. 20(3) and sch. 2 item 7, S.I. No. 601 of 2021, art 2.

F34

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000(38/2000), s. 26(a), S.I. No. 371 of 2001.

F35

Inserted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 56(25).

F36

Substituted (31.07.2000) by Wildlife (Amendment) Act (38/2000), s. 26(b).

Modifications (not altering text):

C15

Functions transferred and “Department of” and “Minister for Communications” construed (31.03.1987) by Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 91 of 1987), arts. 3, 4 and sch. part IV (11), in effect as per art. 1(2), subject to transitional provisions in arts. 5-9. Note: name of Department and title of Minister of the Marine most recently changed to Environment, Climate and Communications (24.09.2020) by Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 373 of 2020).

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of the Marine.

(2) References to the Department of Communications contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Marine.

4. (1) The functions vested in the Minister for Communications— ...

(c) by or under any of the Statutes mentioned in the third column of Part IV of the Schedule to this Order at any reference number of any statute mentioned in the second column of that Part of that Schedule at that reference number

are hereby transferred to the Minister for the Marine.

(2) References to the Minister for Communications contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for the Marine.

...

SCHEDULE

PART IV

Ref. No.	Statute	Provisions of the Statutes mentioned in the second column, functions under which are transferred to the Minister for the Marine
(1)	(2)	(3)
...	...	...
11.	Wildlife Act 1976	Section 15 (2), in so far as it relates to consultation with the Minister
...	...	...

Editorial Notes:

E58

Power pursuant to section exercised (28.10.1999) by Nature Reserve (Clochar na gCon) Establishment Order 1999 (S.I. No. 310 of 1999), in effect as per art. 1(2).

E58

Power pursuant to section exercised (17.05.1994) by Nature Reserve (Cummeragh River Bog) Establishment Order 1994 (S.I. No. 116 of 1994), in effect as per art. 1(2).

E61

Power pursuant to section exercised (29.03.1994) by Nature Reserve (Knocksink Wood) Establishment Order 1994 (S.I. No. 58 of 1994), in effect as per art. 1(2).

E62

Power pursuant to section exercised (22.11.1993) by Nature Reserve (Kilcolman Bog) Recognition Order 1993 (S.I. No. 315 of 1993), in effect as per art. 1(2).

E63

Power pursuant to section exercised (22.11.1993) by Nature Reserve (Kilcolman Bog) Establishment Order 1993 (S.I. No. 314 of 1993), in effect as per art. 1(2).

E64

Power pursuant to section exercised (7.12.1992) by Nature Reserve (Scragh Bog) Establishment Order 1992 (S.I. No. 350 of 1992), in effect as per art. 1(2).

E65

Power pursuant to section exercised (20.07.1991) by Nature Reserve (Redwood Bog) Establishment Order 1991 (S.I. No. 173 of 1991), in effect as per art. 1(2).

E66

Power pursuant to section exercised (20.07.1991) by Nature Reserve (Glengarriff) Establishment Order 1991 (S.I. No. 172 of 1991), in effect as per art. 1(2).

E67

Power pursuant to section exercised (20.07.1991) by Nature Reserve (Leam West) Establishment Order 1991 (S.I. No. 171 of 1991), in effect as per art. 1(2).

E68

Power pursuant to section exercised (29.01.1990) by Nature Reserve (Castlemaine Harbour) Establishment Order 1990 (S.I. No. 10 of 1990), in effect as per art. 1(2).

E69

Power pursuant to section exercised (29.01.1990) by Nature Reserve (Meenachullion) Establishment Order 1990 (S.I. No. 9 of 1990), in effect as per art. 1(2).

E70

Power pursuant to section exercised (29.01.1990) by Nature Reserve (Balleyteige Burrow) Establishment Order 1990 (S.I. No. 8 of 1990), in effect as per art. 1(2).

E71

Power pursuant to section exercised (29.01.1990) by Nature Reserve (Knockmoyle/Sheskin) Establishment Order 1990 (S.I. No. 6 of 1990), in effect as per art. 1(2).

E72

Power pursuant to section exercised (29.01.1990) by Nature Reserve (Easkey Bog) Establishment Order 1990 (S.I. No. 5 of 1990), in effect as per art. 1(2).

E73

Power pursuant to section exercised (1.06.1989) by Nature Reserve (Tearaght Island) Establishment Order 1989 (S.I. No. 108 of 1989), in effect as per art. 1(2).

E74

Power pursuant to section exercised (1.06.1989) by Nature Reserve (Knockomagh Wood) Establishment Order 1989 (S.I. No. 107 of 1989), in effect as per art. 1(2).

E75

Power pursuant to section exercised (1.06.1989) by Nature Reserve (Tralee Bay) Establishment Order 1989 (S.I. No. 106 of 1989), in effect as per art. 1(2).

E76

Power pursuant to section exercised (10.10.1988) by Nature Reserve (Great Skellig) Establishment Order 1988 (S.I. No. 235 of 1988), in effect as per art. 1(2).

E77

Power pursuant to section exercised (10.10.1988) by Nature Reserve (Fiddown Island) Establishment Order 1988 (S.I. No. 234 of 1988), in effect as per art. 1(2).

E78

Power pursuant to section exercised (10.10.1988) by Nature Reserve (Baldoyle Estuary) Establishment Order 1988 (S.I. No. 233 of 1988), in effect as per art. 1(2).

E79

Power pursuant to section exercised (10.10.1988) by Nature Reserve (North Bull Island) Establishment Order 1988 (S.I. No. 231 of 1988), in effect as per art. 1(2).

E80

Power pursuant to section exercised (30.04.1988) by Nature Reserve (Lough Nambrackdarrig) Establishment Order 1988 (S.I. No. 73 of 1988), in effect as per art. 1(2).

E81

Power pursuant to section exercised (30.04.1988) by Nature Reserve (Lough Yganavan) Establishment Order 1988 (S.I. No. 72 of 1988), in effect as per art. 1(2).

E82

Power pursuant to section exercised (30.04.1988) by Nature Reserve (Rogerstown Estuary) Establishment Order 1988 (S.I. No. 71 of 1988), in effect as per art. 1(2).

E83

Power pursuant to section exercised (30.04.1988) by Nature Reserve (Derkmore Wood) Establishment Order 1988 (S.I. No. 70 of 1988), in effect as per art. 1(2).

E84

Power pursuant to section exercised (30.04.1988) by Nature Reserve (Glenealo Valley) Establishment Order 1988 (S.I. No. 69 of 1988), in effect as per art. 1(2).

E85

Power pursuant to section exercised (30.04.1988) by Nature Reserve (Glendalough) Establishment Order 1988 (S.I. No. 68 of 1988), in effect as per art. 1(2).

E86

Power pursuant to section exercised (12.11.1987) by Nature Reserve (Raheenmore Bog) Establishment Order 1987 (S.I. No. 280 of 1987), in effect as per art. 1(2).

E87

Power pursuant to section exercised (12.11.1987) by Nature Reserve (Ballyteige Burrow) Establishment Order 1987 (S.I. No. 279 of 1987), in effect as per art. 1(2).

E88

Power pursuant to section exercised (23.09.1987) by Nature Reserve (Puffin Island) Establishment Order 1987 (S.I. No. 228 of 1987), in effect as per art. 1(2).

E89

Power pursuant to section exercised (23.09.1987) by Nature Reserve (Lough Barra Bog) Establishment Order 1987 (S.I. No. 227 of 1987), in effect as per art. 1(2).

E90

Power pursuant to section exercised (23.09.1987) by Nature Reserve (Clara Bog) Establishment Order 1987 (S.I. No. 226 of 1987), in effect as per art. 1(2).

E91

Power pursuant to section exercised (29.12.1986) by Nature Reserve (Mount Brandon) Establishment Order 1986 (S.I. No. 420 of 1986), in effect as per art. 1(2).

E92

Power pursuant to section exercised (29.12.1986) by Nature Reserve (Eirk Bog) Establishment Order 1986 (S.I. No. 419 of 1986), in effect as per art. 1(2).

E93

Power pursuant to section exercised (29.12.1986) by Nature Reserve (Ballyteige) Establishment Order 1986 (S.I. No. 418 of 1986), in effect as per art. 1(2).

E94

Power pursuant to section exercised (29.12.1986) by Nature Reserve Ballygilgan (Lissadell) Establishment Order 1986 (S.I. No. 417 of 1986), in effect as per art. 1(2).

E95

Power pursuant to section exercised (29.12.1986) by Nature Reserve (Owenboy) Establishment Order 1986 (S.I. No. 416 of 1986), in effect as per art. 1(2).

E96

Power pursuant to section exercised (29.12.1986) by Nature Reserve (Knockmoyle/Sheskin) Establishment Order 1986 (S.I. No. 415 of 1986), in effect as per art. 1(2).

E97

Power pursuant to section exercised (29.12.1986) by Nature Reserve (Pollardstown Fen) Establishment Order 1986 (S.I. No. 414 of 1986), in effect as per art. 1(2).

E98

Power pursuant to section exercised (14.11.1986) by Nature Reserve (Keelhilla, Slievecarran) Establishment Order 1986 (S.I. No. 346 of 1986), in effect as per art. 1(2).

E99

Power pursuant to section exercised (14.11.1986) by Nature Reserve (Ballyarr Wood) Establishment Order 1986 (S.I. No. 345 of 1986), in effect as per art. 1(2).

E100

Power pursuant to section exercised (14.11.1986) by Nature Reserve (Duntally Wood) Establishment Order 1986 (S.I. No. 344 of 1986), in effect as per art. 1(2).

E101

Power pursuant to section exercised (14.11.1986) by Nature Reserve (Rathmullan Wood) Establishment Order 1986 (S.I. No. 343 of 1986), in effect as per art. 1(2).

E102

Power pursuant to section exercised (16.12.1985) by Nature Reserve (Timahoe Esker) Establishment Order 1985 (S.I. No. 383 of 1985), in effect as per art. 1(2).

E103

Power pursuant to section exercised (16.12.1985) by Nature Reserve (Slieve Bloom Mountains) Establishment Order 1985 (S.I. No. 382 of 1985), in effect as per art. 1(2).

E104

Power pursuant to subs. (2) exercised (16.12.1985) by Nature Reserve (Capel Island and Knockadoon Head) Establishment Order 1985 (S.I. No. 381 of 1985), in effect as per art. 1(2).

E105

Power pursuant to section exercised (16.12.1985) by Nature Reserve (Richmond Esker) Establishment Order 1985 (S.I. No. 380 of 1985), in effect as per art. 1(2).

E106

Power pursuant to section exercised (16.12.1985) by Nature Reserve (Dromore) Establishment Order 1985 (S.I. No. 379 of 1985), in effect as per art. 1(2).

E107

Power pursuant to section exercised (31.12.1984) by Nature Reserve (Pettigo Plateau) Establishment Order 1984 (S.I. No. 334 of 1984), in effect as per art. 1(2).

E108

Power pursuant to section exercised (31.12.1984) by Nature Reserve (Oldhead Wood) Establishment Order 1984 (S.I. No. 333 of 1984), in effect as per art. 1(2).

E109

Power pursuant to section exercised (29.12.1983) by Nature Reserve (Coole-Garryland) Establishment Order 1983 (S.I. No. 379 of 1983), in effect as per art. 1(2).

E110

Power pursuant to section exercised (29.12.1983) by Nature Reserve (Ballynastaig Wood) Establishment Order 1983 (S.I. No. 378 of 1983), in effect as per art. 1(2).

E111

Power pursuant to section exercised (29.12.1983) by Nature Reserve (Pollnaknockaun Wood) Establishment Order 1983 (S.I. No. 377 of 1983), in effect as per art. 1(2).

E112

Power pursuant to section exercised (29.12.1983) by Nature Reserve (Derrycrag Wood) Establishment Order 1983 (S.I. No. 376 of 1983), in effect as per art. 1(2).

E113

Power pursuant to section exercised (29.12.1983) by Nature Reserve (Rosturra Wood) Establishment Order 1983 (S.I. No. 375 of 1983), in effect as per art. 1(2).

E114

Power pursuant to section exercised (29.12.1983) by Nature Reserve (Vale of Clara) Establishment Order 1983 (S.I. No. 374 of 1983), in effect as per art. 1(2).

E115

Power pursuant to section exercised (31.07.1983) by Nature Reserve (The Raven) Establishment Order 1983 (S.I. No. 200 of 1983), in effect as per art. 1(2).

E116

Power pursuant to section exercised (31.12.1982) by Nature Reserve (Deputy’s Pass) Establishment Order 1982 (S.I. No. 381 of 1982), in effect as per art. 1(2).

E117

Power pursuant to section exercised (31.12.1982) by Nature Reserve (Uragh Wood) Establishment Order 1982 (S.I. No. 380 of 1982), in effect as per art. 1(2).

E118

Power pursuant to section exercised (31.12.1982) by Nature Reserve (Coolacurragh Wood) Establishment Order 1982 (S.I. No. 379 of 1982), in effect as per art. 1(2).

E119

Power pursuant to section exercised (31.12.1982) by Nature Reserve (Grantstown Wood and Granston Lough) Establishment Order 1982 (S.I. No. 378 of 1982), in effect as per art. 1(2).

E120

Power pursuant to section exercised (3.06.1981) by Nature Reserve (Lough Hyne) Establishment Order 1981 (S.I. No. 206 of 1981).

E121

Power pursuant to section exercised (3.06.1981) by Nature Reserve (Wexford Wildfowl Reserve) Establishment Order 1981 (S.I. No. 205 of 1981).

E122

Power pursuant to section exercised (18.12.1980) by Nature Reserve (Garryrickin) Establishment Order 1980 (S.I. No. 389 of 1980).

E123

Power pursuant to section exercised (18.12.1980) by Nature Reserve (Kyleadohir) Establishment Order 1980 (S.I. No. 388 of 1980).

E124

Power pursuant to section exercised (18.12.1980) by Nature Reserve (Caher (Murphy)) Establishment Order 1980 (S.I. No. 387 of 1980).

E125

Power pursuant to section exercised (18.12.1980) by Nature Reserve (Ballykeefe) Establishment Order 1980 (S.I. No. 386 of 1980).

E126

Power pursuant to section exercised (13.06.1980) by Nature Reserve (Glen of the Downs) Establishment Order 1980 (S.I. No. 178 of 1980).

E127

Power pursuant to section exercised (13.06.1980) by Nature Reserve (Derryclare) Establishment Order 1980 (S.I. No. 177 of 1980).

E128

Previous affecting provision: certain developments carried out on nature reserves established under section designated exempted developments for purposes of Local Government (Planning and Development) Acts 1963 to 1993 (15.06.1994) by Local Government (Planning and Development) Regulations 1994 (S.I. No. 86 of 1994), regs. 9 and 10 and sch. 2 part I class 32(b), in effect as per reg. 2(2); revoked (11.03.2002) by Planning and Development Act, 2000 (Commencement) (No. 3) Order 2001 (S.I. No. 599 of 2001), art. 6.

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Wildlife Act 1976