Part 24 Taxation of Profits of Certain Mines and Petroleum Taxa670tion (ss. 670-696M) Chapter 1 Taxation of profits of certain mines (ss. 670-683) 670. Mine development allowance. (1)In this section – “mine” means a mine operated for the purpose of obtaining, whether by underground or surface working, any scheduled mineral, mineral compound or mineral substance within the meaning of section 2 of the Minerals Development […]
Key Definitions The”foreshore” means the bed and shore, below the line of high water of ordinary or medium tides, of the sea and of every tidal river and tidal estuary and of every channel, creek and bay of the sea or of any such river or estuary; The “tidal lands” means the bed and shore, below the line of high water of ordinary spring tides, […]
Application to Capture or Kill Most wild birds are protected with the exception of certain scheduled ones which are usually regarded as vermin. The Minister may declare a species of wild birds such as may be captured or killed under circumstances and conditions set out in regulations. Where damage is caused by protected wild birds or protected wild animals, to livestock, poultry, crops either on […]
Protection of Species Where the Minister is satisfied that it is in the interests of the conservation of any species of wild bird or wild animal so to do, he may by regulations prohibit, or control in such manner as he considers appropriate and specifies in the regulations, the purchase or sale of that species for such period as may be so specified. Regulations which relate […]
2006 Act The Sea-Fisheries and Maritime Jurisdiction Act 2006 deals with a range of matters in the fisheries and aquaculture and maritime jurisdiction sphere. It revised PART XIII of the Fisheries Consolidation Act and clarified the law in relation to illegal sea fishing. It safeguarded the implementation of the national fisheries policy and EU common fisheries policy by remedying certain defects in the legislation which […]
Overview The Maritime Area Planning Act 2021 puts in place a comprehensive and coherent planning system for the entire Maritime Area. The constituent elements of this system are: Forward Planning; Development Management; and Enforcement. The Act also intends to establish a new agency, Maritime Area Regulatory Authority (MARA) to undertake certain consenting and enforcement functions. The main features of the maritime planning system are set […]
Fisheries Protection Legislation The Fisheries (Amendment) Act 1978, as amended, is the basis of sea fisheries protection legislation. It is not lawful for a foreign sea fishing boat to enter the exclusive fishery limits of the State except for a purpose recognised by international law or provided for under a treaty. If it so enters for a purpose permitted by international law, International Convention, or […]
Wild v Domestic At common law, animals were divided into two categories. Domestic or tamed animals or wild animals. In this context, animal refers to living creatures generally. Domestic animals include all animals and birds that by training or habit, live with man. This would include farm animals and domestic pets, horses, goats, and sheep. Wild animals include lions, tigers and other potentially savage animals, […]
Information about the Environment An international convention, the Aarhus Convention and European Union rules support the enforcement of environmental rules and standards by members of the public. They apply to information held by public authorities. This includes government departments and also local authorities and bodies which have any public function in relation to the environment Environmental information is very broad. It includes information in written […]
Local Authorities and Irish Water The local authority is the planning authority for the county. Unless exempted, all work, and changes of use of land require planning permission. Works cover most physical changes to the land. There are significant exemptions for agricultural use and work. Under the Local Government (Water Pollution) Acts 1977 and 1990 and the Water Services Act 2007 to 2017, local authorities are […]
General The rules that apply in relation to river management and riparian owners vary significantly in their nature. Common law rules and liability, such as those discussed in relation to riparian rights, nuisance, negligence and trespass give rise, at most, to a right of damages (compensation) for persons such as adjoining owners, who suffer quantifiable economic loss. In some cases, injunctions are available to enforce […]
Natural Rights Riparian rights are natural rights that attach to land. Natural rights are attached to all land automatically. They arise automatically as part of the rights that go with ownership. The riparian rights in relation to a natural river or stream attach to the adjoining owner’s title to land. That owner is the riparian owner. They are similar to other natural rights, such as […]
Flow of the Water At common law, the riparian owner is entitled to have the stream flow down as it has been accustomed to flow, subject to the ordinary reasonable use of the flowing water by upper owners, without sensible (appreciable) diminution or increase and without sensible alteration in its character or quality. The riparian owner may protect the flow of the water. A riparian […]
Obstructions At common law, anything done to the bed of a river which produces no sensible (appreciable) effect on the watercourse is permissible. However, this is subject to requirements under planning, environmental and fisheries legislation in many cases. It is not enough that it is permissible at common law. Riparian owners are not entitled to use the bed in such a manner as to limit […]
Public Nuisance There is a tort of public nuisance. It is also a crime at common law. However, it is quite narrow. It applies where there is an injury to a public benefit or interferance with the reasonable comfort and enjoyment of the public or a section of the public. Generally, only the Attorney General can take or consent to taking civil proceedings. A person […]
Easement Rights An easement is a right which some person acquires for the benefit of a particular piece of property over another property. An easement might add to the riparian rights of an owner or qualify or limit them when it is held by another party. The categories of easements are not closed. However, they must have certain characteristics. An easement is a property right. […]
Lease / Licence Consent to Use In almost all cases where the owner or persons entitled to a fishery, almost always the landowner, allows somebody to use the land, it is by consent or licence. A lease of fishing rights is possible. Fishing rights may be leased to Angling clubs. There may be a contract specifying the terms of access. The landowner may permit entrance […]
Public Rights Under common law, the public has a right to fish in the tidal reaches of rivers and estuaries. However, the State or its predecessor, the Crown or a private fisheries holder, may have acquired the right and excluded the public right. It may be vested by statute in a body. There is no general public right to fishery in nontidal waters, even if […]
Fisheries Rights Fisheries refers to the right to fish and can also refer to a fishing area. There can be public fishing rights and private fishing rights. The presumptive position is that members of the public have a right to fish only in tidal waters. A fishery is a type of property right. It may be passed by deed. A lease may be granted. There […]
Fisheries Offences Before the modern water pollution legislation was introduced in the 1970s, there was fishing legislation which protected fishing waters. The release of certain materials and deleterious matter into waters is an offence under the Fisheries Act. Deleterious material is any substance which is injurious or poisonous to fish or their spawning grounds or their food or impairs the usefulness of the bed and […]
General The Water Framework Directive seeks to preserve beneficial uses of water and prevent or minimise discharges of dangerous substances or pollutants. It has broader ecological objectives based on protecting and, where necessary restoring aquatic ecosystems and thereby safeguarding the sustainable use of water resources. A feature of the Water Framework Directive is that point discharges and diffuse discharges are both controlled. States must ensure […]
Groundwater The European Communities (Environmental Objectives Groundwater) Regulations give effect to the Water Framework Directive and the groundwater directive. Public authorities must promote compliance with the regulations. This may include the implementation of measures to prevent pollution, protect and restore groundwater and achieve compliance with standards for protected areas. Point source discharges and diffuse sources likely to enter groundwater must be controlled to prevent or […]
Agriculture Agriculture can be a significant cause of water pollution. Much agricultural activity is exempt from planning permission. In some cases, there may be conditions under existing planning permission granted for some purpose. Only some discharges of agricultural effluents from point sources are subject to licensing, such as intensive livestock and poultry units licensed by the EPA. Other types of discharges may be subject to […]
Licensing & Regulation Aquaculture licensing is now regulated under the Fisheries (Amendment) Act 1997. Persons may be licensed to engage in aquaculture or such operations in relation to aquaculture and subject to such conditions as may be thought fit. A licence may be granted notwithstanding any public right to fish in the waters to which the licence relates. The Fisheries Act of 1997 establishes a […]
Bord Iascaigh Mhara (BIM) BIM is the state agency with primary responsibility for the sustainable development of the Irish seafish and aquaculture industry both at sea and ashore, and the diversification of the coastal economy so as to enhance the employment, income and welfare of people in coastal regions and their contribution to the national economy. BIM provides a wide range of financial, technical, educational, […]
Forestry Programme 2014-2020 The Forestry Programme 2014-2020 consists of 11 separate measures aimed at forestry development which will deliver economic, social and environmental benefits to society. Afforestation Scheme Under the redesigned Afforestation Scheme both farmers and non farmers will receive the same premium rate which will be paid each year for 15 years. This is worth up to €9,500/hectare over 15 years. Further details of […]
New Licences The Mining Act 2017 applies to all minerals within the State or within designated areas of the continental shelf. Minerals in this context do not include stone, sand, gravel or clay, turf, peat, or petroleum. Part 2 covers the administrative practice for prospecting licences from application to surrender, including public notice and consultation prior to issuing of licences. It also covers payment of […]
Conservation of certain stocks of migratory fish The European Community participates in regional fisheries organisations (RFO) establishing a framework for cooperation on the conservation and management of stocks of highly migratory fish. As a contracting party, it is required to apply the control and monitoring measures resulting from recommendations adopted by these RFO. It is therefore necessary to transpose and combine them in a single […]
European Fisheries Fund This Regulation establishes a new European Fisheries Fund (EFF) for the period 2007-13. It sets the Fund’s objectives and priorities plus the responsibilities under it and the financial framework. It also sets out the arrangements for programming, managing monitoring and following up the EFF. The new Fund provides financial assistance to help implement the 2002 reform of the common fisheries policy (CFP) […]
Strategy for the marine environment This Directive establishes a common framework and objectives for the protection and conservation of the marine environment. In order to achieve these common objectives, Member States will have to evaluate requirements in the marine areas for which they are responsible. They will then have to draw up and implement coherent management plans in each region, and then monitor their application. […]
Conservation and exploitation of marine resources Regulation 2371/2002 sets out the economic, environmental and social basis of the Common Fisheries Policy (CFP), the objective of which is to guarantee sustainable exploitation of living aquatic resources. The measures adopted under this Regulation are based on applying the precautionary principle and sound scientific advice. They concern the conservation and protection of fish stocks and marine ecosystems, access […]
Common organisation of the market in fishery products The rules concerning the common organisation of the markets (COM) in fishery products must adapt to the developments and changes in the activities of fisheries in order to ensure sustainable management of marine resources. Since the 1970’s, the CMO of fishery products contributed towards reducing the effects of variations in demand and supply in the interests of […]
Organisation of hours of work on board ships using Community ports This Directive aims to improve safety at sea, combat unfair competition from third-country shipowners and protect the health and safety of seafarers on board ships using Community ports. Directive 1999/95/EC of the European Parliament and of the Council of 13 December 1999 concerning the enforcement of provisions in respect of seafarers’ hours of work […]
Fishing vessels The Directive sets out minimum practical measures with a view to encouraging an improvement in the health and safety of workers on board fishing vessels. Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) [See amending acts]. Summary The general […]
Fisheries control system The new European fisheries control system aims at ensuring compliance with the rules of the common fisheries policy (CFP) throughout the production chain – i.e. from the boat to the retailer. Inspections at sea are still carried out, but they are enhanced in ports, during transport, in processing factories, on markets, etc., to check that fish has been caught legally. The control […]
Wildlife Protection The Department/ Minister which administers the Wildlife Act is now the Department/Minister for the Department of Tourism, Culture, Arts, Gaeltacht, Sport. It is the function of the Minister/Department to secure the conservation of wildlife and promote the conservation of biological diversity. Wildlife means fauna and flora. “fauna” means all wild birds and all wild animals (both aquatic and terrestrial) and includes wild mammals, […]
Nature Reserves Lands owned by the State may be designated as nature reserves. Where following consultation with the Department of Agriculture, the Minister/Department is satisfied that the land contains habitats for one or more species which are of scientific interest includes an ecosystem which is of scientific interest contains features of geological geomorphological or other natural interest or certain other features of the landscape of […]