Wildlife Act 1976

Nature reserves on land other than land to which section 15 applies.

16

16.—(1) Where a person who is the occupier of land satisfies the Minister that—

(a) the land includes a habitat F37[or forms, or is capable of being made to form, a habitat] or part of a habitat or an ecosystem F37[or contains features of geological, geomorphological or other natural interest] described in paragraph (a) of section 15 (2) of this Act, F37[as amended by this Act,]

(b) the interest of the person in or over the land is such as to enable the person to establish and manage a nature reserve on the land, and

(c) the person can, in accordance with any conditions which the Minister sees fit to impose, use or manage the land so as to establish and maintain, or maintain, as may be appropriate, a nature reserve on the land,

then, subject to subsection (2) of this section, the Minister may, by order (in this Act referred to as a recognition order) recognise the land as a nature reserve and the recognition shall continue for so long as the order is in force.

(2) Before making a recognition order the Minister shall consult the Minister for Agriculture and Fisheries, the Minister for Transport and Power, the Commissioners and any planning authority within whose area the land to which the proposed order relates, or any part of such land, is situate.

(3) A recognition order shall state the Minister’s reason for recognising the land to which the order relates as a nature reserve and indicate the objectives for which the land is to be used or managed as a nature reserve.

F38[(3A) The Minister shall not amend a recognition order unless the Minister considers that the objectives, as regards which the relevant nature reserve was recognised, require revision because of changes in the features, characteristics or boundaries of the reserve, or because of any other circumstance which in the Minister’s opinion affects the reserve.]

(4) The Minister shall not revoke a recognition order unless he considers that—

(a) the objectives indicated in the order have not been attained or are not being properly maintained, or

(b) for any other reason, it is no longer appropriate for him to continue to recognise as a nature reserve, by virtue of the order, the land to which the order relates.

(5) 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 to which the order relates, or any part of such land, is situate.

Annotations

Amendments:

F37

Inserted (31.07.2001) by Wildlife (Amendement) Act 2000 (38/2000), s. 27(a), S.I. No. 371 of 2001.

F38

Inserted (31.07.2001) by Wildlife (Amendement) Act 2000 (38/2000), s. 27(b), S.I. No. 371 of 2001.

Editorial Notes:

E129

Power pursuant to section exercised (20.12.2018) by Nature Reserve (Newcastle Lough) Recognition Order 2018 (S.I. No. 602 of 2018).

E130

Power pursuant to section exercised (4.03.2004) by Nature Reserve (Fenor Bog) Recognition Order 2004 (S.I. No. 86 of 2004).

E131

Power pursuant to section exercised (29.01.1990) by Nature Reserve (Sheheree Bog) Recognition Order 1990 (S.I. No. 7 of 1990), in effect as per art. 1(2).

E132

Power pursuant to section exercised (1.06.1989) by Nature Reserve (Derrycunihy Wood) Recognition Order 1989 (S.I. No. 111 of 1989), in effect as per art. 1(2).

E133

Power pursuant to section exercised (1.06.1989) by Nature Reserve (Derrymore Island) Recognition Order 1989 (S.I. No. 110 of 1989), in effect as per art. 1(2).

E134

Power pursuant to section exercised (1.06.1989) by Nature Reserve (Tearaght Island) Recognition Order 1989 (S.I. No. 109 of 1989).

E135

Power pursuant to section exercised (10.10.1988) by Nature Reserve (Little Skellig) Recognition Order 1988 (S.I. No. 236 of 1988), in effect as per art. 1(2).

E136

Power pursuant to section exercised (10.10.1988) by Nature Reserve (North Bull Island) Recognition Order 1988 (S.I. No. 232 of 1988), in effect as per art. 1(2).

E137

Power pursuant to section exercised (23.09.1987) by Nature Reserve (Mongan Bog) Recognition Order 1987 (S.I. No. 230 of 1987), in effect as per art. 1(2).

E138

Power pursuant to section exercised (23.09.1987) by Nature Reserve (Puffin Island) Recognition Order 1987 (S.I. No. 229 of 1987), in effect as per art. 1(2).

E139

Power pursuant to section exercised (16.12.1985) by Nature Reserve (Capel Island and Knockadoon Head) Recognition Order 1985 (S.I. No. 384 of 1985), in effect as per art. 1(2).