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S.I. No. 471/2005 - Natural Heritage Area (Coan Bogs NHA 002382) Order 2005

S.I. No. 471 of 2005 .

Natural Heritage Area (COAN BOGS NHA 002382) Order 2005

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by section 18 of the Wildlife (Amendment) Act 2000 (No. 38 of 2000) (as adapted by the Environment and Local Government (Alteration of Name of Department and Title of Minister Order 2003 ( S.I. No. 233 of 2003 ))), having complied with section 16 of that Act and after considering any objections made in relation to the relevant notice served under section 16(2)(b) of that Act hereby orders as follows:

1.        This Order may be cited as the Natural Heritage Area (Coan Bogs NHA 002382 Order 2005 and comes into operation on 27th July 2005.

2.        In this Order “Act” means the Wildlife (Amendment) Act 2000 (No. 38 of 2000).

3.        The area of land comprising that part of Coan Bogs in the townlands of Aghamucky Coan East, Coan West, Croghtenclogh and Uskerty in the County of Kilkenny (being the land enclosed on the map (contained in Schedule 1 to this Order) within the inner margin of the green line and hatched thereon in green) is designated a natural heritage area.

4.        (1)  Subject to sub-article (2) of this article, each of the works mentioned in Schedule 2 is specified for the purposes of section 19(1) of the Act and is unlawful unless carried out with the consent of the Minister.

(2)  In respect of the works specified at paragraphs 19 to 22 of Schedule 2, there is no requirement to obtain the consent of the Minister if the said works are licensed by, or subject to the permission of another Minister or Public Body.

Schedule 1

Maps

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Schedule 2

Works specified for the purposes of section 19 (1) of the Act.

1.   Cutting turf except from existing banks; cutting intact (uncut) areas

2.   Commercial peat moss or turf extraction, or use of ‘sausage’ machines

3.   Drainage works or water abstraction affecting the hydrology of the site

4.   Alteration of the banks, bed or flow of a lake, pond or watercourse, within the site, or causing siltation

5.   Burning areas of vegetation

6.   Reclamation, in-filling, ploughing or other cultivation

7.   Reseeding, planting of trees or any other species

8.   Cutting trees, scrub, reeds; removal of timber or other vegetation

9.   Dumping, burning or storing any materials

10.  Any activity that may cause pollution or nutrient increase/eutrophication, including aerial deposition of fertilizers or chemicals

11.  Adding lime or fertilizer to previously untreated areas

12.  Introduction (or re-introduction) into the wild of plants or animals of species not currently found in the area

13.  Supplementary feeding of stock, except where permitted in farm plans or prescriptions under the Rural Environment Protection Scheme or other Government approved agricultural and/or environmental schemes

14.  Grazing of livestock above a recommended density and period (as defined in farm plans or prescriptions under the Rural Environment Protection Scheme or other Government approved agricultural and/or environmental schemes)

15.  Use of any pesticide or herbicide, including sheep dip

16.  Any activity likely to cause increased risk of erosion or destabilisation of the peat deposit (e.g. use of quad bikes), or likely to damage vegetation cover or interfere with the hydrological condition of the site

17.  Deliberate scaring or disturbance of wildfowl

18.  Stocking pools, ponds, lakes or rivers with fish

19.  Operation of commercial recreational activities

20.  Removal of rock, soil, mud, gravel, sand or minerals

21.  Creation or improvement of tracks, paths, roads, car parks or other infrastructure

22.  Construction of fences or embankments

 

GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government this 27th day of July 2005.

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DICK ROCHE T.D.,

_____________________

 

Minister for the Environment,

Heritage and Local Government.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The Order recognises part of the lands known as Coan Bogs in the townlands of Aghamucky Coan East, Coan West, Croghtenclogh and Uskerty in the County of Kilkenny as a Natural Heritage Area under the Wildlife (Amendment) Act 2000 .