Over the years, Ireland has introduced many pieces of legislation in relation to wildlife conservation.
For example, the Wildlife Act 1967 was a key piece of legislation in the Republic of Ireland which provided protection for a variety of wild animal species and their habitats. Also, this Act provided regulations regarding the hunting and poaching of wild animals.
However, the original 1967 Act was amended to become the Wildlife (Amendment) Act 2000. Through this amendment, protection of wildlife and their habitats was strengthened as it has introduced provisions for the designation of Natural Heritage Areas (NHAs) to conserve habitats of natural importance.
In addition, Ireland has reflected EU Directives in their legislation regarding wildlife conservation. For example, the European Communities (Birds and Natural Habitats) Regulations 2011 establishes Special Protection Areas (SPAs) for birds and Special Areas of Conservation (SACs) for other species and habitats of European importance. The regulations provide for the conservation of natural habitats and wild fauna and flora, ensuring compliance with EU conservation requirements.
These are only some examples of how wildlife conservation has been implemented into domestic legislation, and how it has evolved over time to reflect the ever-changing issues surrounding wildlife conservation.
Moreover, it is important to discuss some notable case law in relation to wildlife conservation to illustrate the impact of domestic legislation introduced by the Republic of Ireland. For example, in 2014 a case named Kelly v An Bord Pleanála arose due to issues in relation to wildlife conservation. This case challenged the proposal of establishing a waste facility near a protected wildlife area. This case is significant as it illustrates the application of previously explained EU Wildlife Directives. Through those directives, local government can carry out appropriate assessments to ensure that there are no adverse effects on any protected species or habitats. Thus, it was held that the An Bord Pleanala (The Irish Planning Authority) had failed to provide adequate reasons for its decision in relation to planning and development.
Another case which proves to be significant is An Taisce – The National Trust for Ireland v An Bord Pleanála & Ors. Whereby, the National Trust for Ireland challenged the decision made by the Irish Planning Authority to grant planning permission for a large-scale dairy farm. This was questioned by the Irish National Trust due to the potential adverse effects on endangered species and habitats. This case is significant as it highlights the importance of Environmental Impact Assessments and compliance with EU Directives.
Our environmental team are passionate about protecting the environment and believe that the law is a powerful tool for positive change.
We appreciate that pursuing an environmental claim can seem like a daunting prospect. Our solicitors will take on most of the work on your behalf, making the process as stress-free as possible for you.
At P.A. Duffy, we specialise in supporting and advising clients through difficult legal claims in Ireland and in cross-border cases. Our expert team ensures the highest quality service to decide upon the appropriate remedy based on your case. We pride ourselves on providing excellent client care and utilising our experience to provide expert legal advice.
If you have been affected and wish to speak to a member of our team, please get in touch via the following channels
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