Wildlife (Amendment) Act 2023
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Part VA of Act of 2000 | ||
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5. The Act of 2000 is amended by the insertion of the following Part after Part V: | ||
“Part VA | ||
Biodiversity | ||
Definitions | ||
59A. In this Part— | ||
‘Agreement’ means the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland establishing Implementation Bodies done at Dublin on 8 March 1999; | ||
‘biodiversity’ means the variability among living organisms from all sources including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part and includes diversity within species, between species and of ecosystems; | ||
‘guidelines’ means the guidelines referred to in section 59B(1)(c) and ‘guidelines’, in relation to a plan, programme or strategy or a National Biodiversity Action Plan, means any guidelines the Minister may prepare and publish concerning that plan, programme or strategy or National Biodiversity Action Plan; | ||
‘National Biodiversity Action Plan’ means a plan, prepared by the Minister and approved by the Government prior to its publication under section 59C(4), which contains the objectives and targets for the conservation and sustainable use of biodiversity; | ||
‘plan, programme or strategy’ means a plan, programme or strategy concerning the promotion of the conservation of biodiversity or an amendment of it, or part of a plan, programme or strategy concerning that promotion or an amendment of that part, that may be prepared by the Minister as he or she considers appropriate and approved by the Government prior to its publication under section 59C(1) but does not include a National Biodiversity Action Plan; | ||
‘public body’ means a public body specified in section 59H(1) or prescribed in accordance with section 59H(2); | ||
‘relevant Minister’ means, in relation to a public body, the Minister of the Government who performs functions in connection with that body. | ||
Biodiversity | ||
59B. (1) To the extent that it may affect or relate to the functions of a public body, the public body shall, in the performance of its functions, have regard to— | ||
(a) a plan, programme or strategy, | ||
(b) the objectives and targets in a National Biodiversity Action Plan, and | ||
(c) guidelines that may be prepared by the Minister, where he or she considers it appropriate, providing practical guidance to the public body in relation to a plan, programme or strategy or meeting the objectives and targets of a National Biodiversity Action Plan. | ||
(2) A requirement under subsection (1) shall apply in respect of, as the case may be, a plan, programme or strategy, National Biodiversity Action Plan or guidelines or an amendment of any of them, on and from the date of the publication of a notice under section 59C(5) concerning the plan, programme or strategy, National Biodiversity Action Plan or guidelines or an amendment of any of them. | ||
Publication of plan, programme or strategy, National Biodiversity Action Plan and guidelines | ||
59C. (1) The Minister may publish a plan, programme or strategy and guidelines on the website of his or her Department and by any other means (if any) as he or she considers appropriate. | ||
(2) Not later than 36 months after the coming into operation of section 59B, the Minister shall prepare and publish a National Biodiversity Action Plan and guidelines. | ||
(3) Not earlier than every third anniversary of the publication of a National Biodiversity Action Plan and guidelines under subsection (2), and not later than every fifth anniversary of that publication, the Minister shall prepare and publish a National Biodiversity Action Plan and guidelines. | ||
(4) For the purposes of subsections (2) and (3), the Minister shall publish a National Biodiversity Action Plan and guidelines on the website of his or her Department and by other means (if any) as he or she considers appropriate. | ||
(5) Not later than 4 weeks after the publication under subsection (1) or subsection (4), the Minister shall publish a notice in Iris Oifigiúil, in a national daily newspaper circulating in the State and on the website of his or her Department, of that publication and the date on which it occurred. | ||
(6) Nothing in subsection (2) or subsection (3) shall prevent the Minister from amending a National Biodiversity Action Plan and guidelines once it or they has or have been published, and subsections (4) and (5) shall apply, with any necessary modifications, to the publication of those amendments. | ||
Consultation | ||
59D. (1) The Minister may consult as he or she considers appropriate with public bodies and the public during the preparation of a plan, programme or strategy, National Biodiversity Action Plan or guidelines or an amendment of any of them. | ||
(2) The Minister shall consider any observations or submissions received during consultations under subsection (1) before completing the preparation of a plan, programme or strategy, National Biodiversity Action Plan or guidelines or an amendment of any of them. | ||
Notice | ||
59E. At least 8 weeks before he or she publishes a plan, programme or strategy and guidelines under section 59C(1) or a National Biodiversity Action Plan and guidelines under section 59C(4), the Minister shall give notice in writing to public bodies of his or her intention to so publish. | ||
Report by public bodies | ||
59F. (1) A public body shall prepare and submit a report to the Minister. | ||
(2) The first report under subsection (1) shall be prepared and submitted to the Minister not later than 18 months after the date the Minister publishes a plan, programme or strategy and guidelines under section 59C(1) or a National Biodiversity Action Plan and guidelines under section 59C(4), and every report thereafter shall be prepared and submitted to the Minister not more frequently than once every 12 months. | ||
(3) A report under subsection (1) shall specify— | ||
(a) measures adopted by the public body for the purpose of compliance with section 59B(1), and | ||
(b) progress made by the public body in the performance of its functions in accordance with that subsection. | ||
(4) The first report under subsection (1) of a public body prescribed under section 59H(2) shall be prepared and submitted to the Minister not later than 18 months after the date, following that prescribing, that the Minister publishes a plan, programme or strategy and guidelines under section 59C(1) or a National Biodiversity Action Plan and guidelines under section 59C(4). | ||
Direction | ||
59G. (1) The Minister, in relation to the performance by a public body of its functions and having consulted— | ||
(a) the public body, and | ||
(b) where the public body was established by the Agreement, the Minister for Foreign Affairs and Trade, | ||
may give a direction in writing to the public body requiring it to adopt such measures for the purpose of compliance with section 59B(1) as are specified in the direction. | ||
(2) The Minister shall consult, and agree the terms of the direction with, the relevant Minister before giving a direction under subsection (1). | ||
(3) The Minister, having consulted the public body and the Minister for Foreign Affairs and Trade, as the case may be, under subsection (1) and having consulted and agreed with the relevant Minister under subsection (2), may by direction in writing amend or revoke a direction under this section (including a direction under this subsection). | ||
(4) The public body to whom a direction is given under this section shall comply with the direction. | ||
Public body | ||
59H. (1) For the purposes of this Part each of the following is a public body: | ||
(a) a Minister of the Government; | ||
(b) Bord Iascaigh Mhara; | ||
(c) Bord na Móna; | ||
(d) An Bord Pleanála; | ||
(e) Coillte Teoranta (being a company formed and registered under the Companies Acts as provided for by section 9 of the Forestry Act 1988 ); | ||
(f) Commission for Aviation Regulation; | ||
(g) Commission for Communications Regulation; | ||
(h) Commission for Railway Regulation; | ||
(i) Commission for Regulation of Utilities; | ||
(j) Commissioners of Public Works in Ireland; | ||
(k) a company formed in respect of a harbour in accordance with section 7 of the Harbours Act 1996 ; | ||
(l) Eirgrid; | ||
(m) Electricity Supply Board; | ||
(n) Enterprise Ireland; | ||
(o) the Environmental Protection Agency; | ||
(p) Ervia; | ||
(q) Geological Survey Ireland; | ||
(r) Heritage Council; | ||
(s) Iarnród Éireann-Irish Rail; | ||
(t) Industrial Development Agency (Ireland); | ||
(u) Inland Fisheries Ireland; | ||
(v) Irish Lights Commission; | ||
(w) a local authority within the meaning of section 2 of the Local Government Act 2001 ; | ||
(x) Marine Institute; | ||
(y) National Roads Authority; | ||
(z) Office of the Revenue Commissioners; | ||
(aa) a planning authority within the meaning of the Planning and Development Act 2000 ; | ||
(bb) Sea-Fisheries Protection Authority; | ||
(cc) Teagasc-The Agriculture and Food Development Authority; | ||
(dd) Údarás na Gaeltachta. | ||
(2) The Minister may, for the purposes of this Part, prescribe a body, other person, company, organisation or group referred to in subsection (3) to be a public body where the Minister is of the opinion that the body, other person, company, organisation or group has functions that have or may have a bearing on matters concerning biodiversity or is in a position to promote the conservation of biodiversity. | ||
(3) The following may be prescribed under subsection (2): | ||
(a) a body or other person established— | ||
(i) by or under an enactment (other than the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act) or charter, | ||
(ii) by any scheme administered by a Minister of the Government, or | ||
(iii) under the Companies Act 2014 (or a former enactment relating to companies within the meaning of section 5 of that Act) in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government; | ||
(b) a company (formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act), a majority of the shares in which are held by or on behalf of a Minister of the Government; | ||
(c) a body, other person, organisation or group established by the Agreement. | ||
(4) The Minister shall, before prescribing a body, other person, company, organisation or group to be a public body under subsection (2)— | ||
(a) obtain the consent of the relevant Minister, | ||
(b) consult the body, other person, company, organisation or group, and | ||
(c) where the body, other person, organisation or group was established by the Agreement, consult the Minister for Foreign Affairs and Trade.”. |