S.I. No. 207/1981 - Nature Reserve (Lough Hyne) Regulations, 1981.

S.I. No. 207 of 1981.

NATURE RESERVE (LOUGH HYNE) REGULATIONS, 1981.

I, PATRICK POWER, Minister for Fisheries and Forestry, after consultation with the Minister for Transport and, as the reserve to which the following regulations apply, consists in part of foreshore to which the public generally has access, with Cork County Council, in exercise of the powers conferred on me by section 59 of the Wildlife Act, 1976 (No. 39 of 1976), as adapted by the Fisheries (Alteration of Name of Department and Title of Minister) Order, 1978 ( S.I. No. 195 of 1978 ), hereby make the following regulations:

1. These Regulations may be cited as the Nature Reserve (Lough Hyne) Regulations, 1981.

2. In these Regulations—

"deleterious matter" means any substance (including an explosive substance) which, on entry or discharge into the reserve, would be liable to cause death or injury to any species of fauna or to damage or destroy any species of flora or the habitat of any such species of fauna or flora and includes domestic and industrial waste, animal excrement and slurry, bilge water, oil and any other form of petroleum;

"fauna" includes any species of fish or aquatic invertebrate animal;

"the Minister" means the Minister for Fisheries and Forestry;

"the Order" means the Nature Reserve (Lough Hyne) Establishment Order, 1981 ( S.I. No. 206 of 1981 );

"the reserve" means the nature reserve established by the Order;

"skin-diving" includes the use by any person of apparatus or equipment of any kind which would enable him while immersed in water to breathe without returning to the surface, but does not include swimming with the aid of a snorkel;

"vessel" means a water borne craft of any type whatsoever (whether self-propelled or not) and includes a hovercraft.

3. (1) A person shall not operate any craft, vehicle or vessel with a mechanical power greater than 10 horse power on or above, or in, or above the surface of the water covering, the land to which this Regulation applies save under and in accordance with a permission in writing granted in that behalf by the Minister.

(2) This Regulation applies to the land forming part of the reserve and known as Lough Hyne and situate above the sill of the Rapids referred to in the Order.

4. (1) No person shall operate any vessel at a speed greater than 5 nautical miles per hour in or above, or on or above the surface of the water covering the land to which this Regulation applies.

(2) This Regulation applies to the land referred to in Regulation 3 (2) of these Regulations.

5. (1) No person shall use any part of the reserve to dump or dispose of any bottle, glass, container or other refuse.

(2) This Regulation shall not be construed as prohibiting the deposit of anything in a receptacle provided in any place in the reserve for such deposit.

6. No person shall use any part of the reserve to dump or dispose of any deleterious matter.

7. No person shall use any part of the reserve for a regatta, water-skiing, skin-diving or scuba-diving save under and in accordance with a permission in writing granted in that behalf by the Minister.

8. (1) A member of the public shall have access to the reserve if, and only if, he complies with each of the following conditions:

( a ) he shall not, while in the reserve, hunt or by any means wilfully injure or kill any specimen of fauna save under and in accordance with a permission in writing in that behalf granted by the Minister,

( b ) he shall not take into or remove from the reserve any specimen of fauna save under and in accordance with such a permission in that behalf and so granted,

( c ) he shall not, while in the reserve, cut, pick, uproot or otherwise take flora of any species or any part of a specimen of such a species save under and in accordance with such a permission in that behalf and so granted,

( d ) he shall not, while in the reserve, wilfully alter or otherwise interfere with the habitat of any species of fauna or flora save under and in accordance with such a permission in that behalf and so granted, and

( e ) he shall not alter, deface, disfigure, mark or otherwise interfere with any notice or notice board in the reserve.

(2) The provisions of paragraph (1) of this Regulation shall not apply to fishing in the reserve by means of a rod and line or by means of a handline to which, in either case, there are affixed not more than six hooks nor shall the said provisions apply to fish caught by means of such a rod and line or handline.

9. (1) Where a person is operating any craft, vehicle or vessel in contravention of Regulation 3 or 4 of these Regulations, a member of the Garda Síochána or an authorised person may require him to desist from so operating the craft, vehicle or vessel.

(2) Where a person is using a part of the reserve in contravention of Regulation 5, 6 or 7 of these Regulations, a member of the Garda Síochána or an authorised person may require him to desist from so using such part.

(3) Where a person is failing to observe a condition subject to which, by virtue of Regulation 8 (1) of these Regulations, he has access to the reserve, a member of the Garda Síochána or an authorised officer may require him to observe the condition.

(4) Where a requirement of a person is duly made under this Regulation, the person of whom it is made shall comply with the requirement.

10. These Regulations shall not be construed as prohibiting the doing of any act which is done for the purpose of saving human life or in any other emergency.

GIVEN under my Official Seal, this 3rd day of June, 1981.

PATRICK POWER,

Minister for Fisheries andForestry.

EXPLANATORY NOTE.

These Regulations on user of the Lough Hyne Nature Reserve in Co. Cork regulate use of the Reserve to such extent as the Minister for Fisheries and Forestry considers necessary for the conservation of the marine ecosystem which it constitutes. Save in accordance with a licence granted by the Minister any person who fails to comply, whether by act or omission, with any of these Regulations shall be guilty of an offence.