I propose to take Questions Nos. 609 and 610 together.
Under the EC (Birds and Natural Habitats) Regulations 2011, Ministerial Consents are required where an activity is likely to have a significant effect on a European Site, have an adverse effect on the integrity of a European Site or cause the deterioration of natural habitats or the habitats of species or the disturbance of the species for which the European Site may be or has been designated pursuant to the Habitats Directive or has been classified pursuant to the Birds Directive. Failure to obtain the relevant consent is an offence under the legislation. A person who commits such an offence is liable, on a summary conviction, to a Class A fine or imprisonment for a term not exceeding six months, or both; or on conviction on indictment, to a fine not exceeding €500,000, or imprisonment for a term not exceeding three years, or both.
In relation to the specific activity referred to in this question, the NPWS did not receive a consent application, however the company conducting the activity in question did engage with the NPWS regarding its obligations. In terms of this engagement, it was confirmed that the entire area, including survey area and cable route, was outside of any Special Area of Conservation. Further, the company undertook at the time to carry out their survey activity in adherence to the “Guidance to Manage the Risk to Marine Mammals from Man-made Sound Sources in Irish Waters” guidelines as issued by the NPWS and committed to having a Marine Mammals Observer on board. As such, no requirement for consent under the Regulations arose.
