Wildlife/ Nature Conservation Legislation
Regulation 49: Prohibition on introduction and dispersal of certain species
This places restrictions on the introduction of any plant species listed in Part 1 of the Third Schedule. A person shall be guilty of an offence if they:
- plant, disperse, allow or cause to disperse, spread or cause to grow the plant in the Republic of Ireland.
Regulation 49 addresses both plants and animals but only plants are addressed here.
Regulation 50: Prohibition on dealing in and keeping certain species
Section 50 of the Regulations makes it an offence to or intend to: import, buy, sell, breed, reproduce or propagate, advertise, offer or expose for sale, publish a price list, transport or distribute; any animal or plant species or vector material listed in the Third Schedule.
Third Schedule, Part 3: Vector materials. Two vector materials are referred to. One is blue mussel seed and the second is:
- Soil or spoil taken from places infested with Japanese knotweed, Giant knotweed, or their hybrid Bohemian knotweed.
Regulation 50 is not in effect until the date on which the Minister gives public notice of this.
The above activities can be undertaken in accordance with a granted licence.
Section 40 of the Wildlife Act 1976
Under Section 40 of the Wildlife Act 1976 incorporating section 46 of the Wildlife (Amendment) Act 2000, it is an offence for a person to cut, grub, burn or otherwise destroy, during the period beginning on the 1st day of March and ending on the 31st day of August in any year, any vegetation growing on any land not then cultivated or in course of cultivation for agriculture or forestry.
The management of invasive plant species could be considered to fall under these regulations. This is particularly true for habitats that are not usually cultivated such as river banks or woodlands.
Please note that while these restrictions may seem prohibitive at first, they can be built into a management plan for the target species. For clarity, you should consult your local NPWS ranger prior to undertaking any invasive plant control work on a site that is not for development from the 1st day of March to the end of August.
- For the exact text of the regulations please see: http://www.irishstatutebook.ie/1976/en/act/pub/0039/sec0040.html
- NPWS ranger contact details can be found at the following link – http://www.npws.ie/sites/default/files/general/Regional%20contacts%20Sept.2013.pdf