In March 1994 regulations entitled, European Communities (Conservation of Wild Birds) (Amendment) Regulations, 1994 — S. I. No. 59 of 1994, were made designating the Broadmeadow Estuary and other areas as special protection areas under Article 4 of Council Directive 79/409/EEC on the conservation of wild birds, popularly known as the Birds Directive. The Birds Directive was transposed into national law through regulations, made under the 1972 European Communities Act, which were entitled, European Communities (Conservation of Wild Birds) Regulations, 1985 — S. I. No. 291 of 1985. In accordance with this Directive, member states are obliged to protect all wild birds and their habitats. Under Article 4 member states are bound to take measures to conserve the habitat of two categories of wild birds i.e. certain listed rare or vulnerable species and regularly occurring migratory species. Particular attention must be paid to the protection of wetlands and particularly to wetlands of international importance.
This country must therefore undertake appropriate steps to avoid pollution or deterioration of habitats or excessive disturbance affecting wild birds, in so far as these are significant. This implies that any new projects or activities situated in or likely to affect special protection areas should not be undertaken without prior consultation with the National Parks and Wildlife Service in order to ensure that no significant damage to the conservation value of such sites takes place. Broadmeadow Estuary has also been proposed for designation as a natural heritage area. The proposed natural heritage areas have no statutory basis as yet and designation will not occur until after the Wildlife Act, 1976, has been amended. I expect to bring amending legislation before the Oireachtas next year.
A regulation is being prepared which will transpose into national law Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, known as the Habitats Directive and I expect to sign it in the near future. Apart from giving effect to the Habitats Directive, the proposed regulation will strengthen the protection for all existing and future special protection areas. Under the Habitats Directive this country must submit to the European Commission a list of candidate sites meriting designation as special areas of conservation. All proposed natural heritage areas are being examined to determine whether or not they warrant inclusion on this list. Before submission of the list to the Commission I will undertake public consultation by arranging to have the list published and inviting the public to submit their comments on the proposals. As a result of this consultation process, sites may be added to or removed from the list which is eventually submitted to the Commission. The final decision as to whether the Broadmeadow Estuary should be designated a special area of conservation will depend on the outcome of the overall process I have described.