Written Answers. - Destruction of Wildlife Habitats.
Michael Joe Cosgrave
Ceist:
28
Mr. Cosgrave
asked the
Minister for Arts, Heritage, Gaeltacht and the Islands
the number of prosecutions which have taken place in recent years under her power to prosecute people who are found destroying wildlife habitats; and if she will make a statement on the matter.
[2840/98]
Prosecutions taken under the 1976 Wildlife Act for the years 1990 to 1996 were as follows:
|
Year
|
1990
|
1991
|
1992
|
1993
|
1994
|
1995
|
1996
|
Total
|
|
Prosecutions
|
41
|
38
|
40
|
36
|
38
|
22
|
24
|
239
|
These prosecutions were taken under sections 21, 22, 28, 29, 31 to 41, 44, to 47, 51 and 69 of the Wildlife Act, 1976. Section 21 relates to the protection of flora.
Under the European Communities (Natural Habitats) Regulations, 1997 (S. I. No. 94 of 1997), which transposes the EU Habitats Directive into Irish law, I have the power to specify operations or activities which are considered likely to alter, damage, destroy or interfere with the ecological integrity of the site in question. To carry out such operations or activities without my written consent, or without reasonable excuse, is an offence, and is subject to prosecution.
Where I consider that an operation or activity which is likely to damage an SAC site is being carried out or may be carried out, and if an appropriate assessment confirms that damage is likely, I can make application to a court of competent jurisdiction to prohibit the continuance of the operation or activity in question.
Where an operation or activity has been carried out on a SAC site, which, following an appropriate assessment, I am satisfied will be damaging to the ecology of the site, I can, by direction issued in writing, require the owner, occupier or user of the land of the person who carried out the operation or activity to restore the land in accordance with this direction. Every direction shall specify the period within which the land concerned is to be restored. Any person who fails to comply with such a direction shall be guilty of an offence, and subject to prosecution.
No prosecution has yet been initiated under these regulations. However, two interlocutory injunctions were granted by the High Court on foot of applications from my Department, prohibiting the commencement of continuance or works damaging to protected areas. Both of these injunctions were granted during 1997.
