First Previous (PART VI Miscellaneous)

38 2000

WILDLIFE (AMENDMENT) ACT, 2000

PART VII

Miscellaneous Amendment of Enactments

Amendment of Forestry Act, 1946.

72. —The Forestry Act, 1946 , is hereby amended—

(a) by the insertion, in subsection (4) of section 37, of the following after paragraph (b):

“(bb) the tree is standing on land held or managed by the Minister for Arts, Heritage, Gaeltacht and the Islands, or”,

and

(b) by the insertion, in section 62, of the following after subsection (1):

“(1A) Where either or both the wood and land to which subsection (1) of this section relates is or forms part of either or both wood and land to which Chapter III of Part II, or Regulation 17 or 18, of the European Communities (Natural Habitats) Regulations, 1997 (S.I. No. 94 of 1997), applies, then the Minister may only serve a notice under subsection (1) of this section—

(a) where all relevant provisions of the European Communities (Natural Habitats) Regulations, 1997, have been complied with, and

(b) where appropriate, the service of the notice under subsection (1) of this section is necessary for the imperative reasons of overriding public interest as provided for in those Regulations and Article 6 of Council Directive No. 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(1) .”.

Amendment of Registration of Title Act, 1964.

73. —The Registration of Title Act, 1964 (as amended by section 66 of the Principal Act), is hereby amended by the insertion, in subsection (1) of section 69, of the following after paragraph (rr):

“(rrr) an order under section 18 (1) of the Wildlife (Amendment) Act, 2000;”.

Amendment of State Property Act; 1954.

74. —The State Property Act, 1954 , is hereby amended by the insertion of the following paragraph after paragraph 1 of the First Schedule to that Act:

“1A. Any land acquired under the Wildlife Acts, 1976 and 2000.”.

Amendment of European Communities (Natural Habitats) Regulations, 1997.

75. —The European Communities (Natural Habitats) Regulations, 1997 (S.I. No. 94 of 1997), are hereby amended—

(a) in Regulation 2, by the substitution of the following for the definition given to “European site”:

“‘European site' means—

(a) a site—

(i) notified for the purposes of Regulation 4, subject to any amendments made to it by virtue of Regulation 5, or

(ii) transmitted to the Commission in accordance with Regulation 5(4), or

(iii) added by virtue of Regulation 6 to the list transmitted to the Commission in accordance with Regulation 5(4),

but only until the adoption in respect of the site of a decision by the Commission under Article 21 of the Habitats Directive for the purposes of the third paragraph of Article 4(2) of that Directive,

(b) a site adopted by the Commission as a site of community importance for the purposes of Article 4(2) of the Habitats Directive in accordance with the procedure laid down in Article 21 of that Directive,

(c) a special area of conservation,

(d) an area classified pursuant to paragraph (1) or (2) of Article 4 of the Birds Directive;”,

and

(b) by the revocation of Regulations 21, 22 and 39.

(1)O.J. No. L 206, 22 July 1992, page 7