Legislation

Biodiversity Legislation in Northern Ireland

The protection and management of biodiversity in Northern Ireland is underpinned by a legal framework.  Most of our recent nature conservation legislation is derived from EC directives, which provide for the protection of species and habitats across all Member States.  Outlined below is the legislation which is most relevant to the protection of wildlife and their habitats in Northern Ireland. 

European Legislation

  • Council Directive on the conservation of wild birds (79/409/EEC) – The Birds Directive: Introduced in 1979, the Birds Directive changed the way in which we protect important wildlife sites.  It established a network of protected areas by requiring Member States to identify the most important areas for birds as Special Protection Areas (SPAs).  These are classified for species listed in Annex I of the Directive or for sites which are important for migratory species such as water birds.  There are currently 15 SPAs in Northern Ireland, including the seabird cliffs of Rathlin Island and large wetlands such as Strangford Lough and Lough Neagh which support important numbers of wintering waterfowl and breeding Annex I species such as terns. 
  • Council Directive on the conservation of natural habitats and of wild fauna and flora (92/43/EEC) – The Habitats Directive: The Habitats Directive built on the Birds Directive by requiring the protection of areas for key habitats (listed in Annex I) and species other than birds (listed in Annex II) through the designation of Special Areas of Conservation (SACs).  Member States are required to take steps to avoid the deterioration of habitats or disturbance to species within these areas.  There are currently 56 SACs designated in Northern Ireland.  SPAs and SACs are collectively known as Natura 2000 sites and the Habitats Directive provides a framework for protection of all Natura 2000 sites.  The Directive also requires Member States to step up protection of species listed in Annex IV of the Directive.  Article 12 requires measures to be adopted which prohibit the capture, killing, disturbance or damage to the breeding sites of the listed species.  

The Habitats Directive is transposed into Northern Ireland law by the Conservation (Natural Habitats etc) Regulations 1995 (as amended) (see below).

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 Northern Ireland legislation 

  • The Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 (as amended): These Regulations comprehensively transpose the Habitats Directive into Northern Ireland law.  They also provide the basis for protection of SPAs classified under the Birds Directive.  The Regulations were amended in 2004, 2007 and again in 2009 to ensure that they fully implement the Directives. 

Regulation 43 requires competent authorities to carry out an “appropriate assessment” of any plan or project which is likely to have a significant effect on a Natura 2000 site.  The competent authority is usually the decision-making body (such as Department of the Environment) or other public bodies where they are proposing any relevant plan or project.  An “appropriate assessment” is different to an ordinary Environmental Impact Assessment in that it is focused on the potential impacts on the site’s qualifying features.  For example if an SAC was designated for otters and wet woodland, then the assessment would focus on any impacts on these features.

Appropriate assessment is a strict test in that it is essential to prove that there would be no adverse impact before a plan or project can proceed.  Where there is an impact (or a risk of one) a plan/project can only proceed where there are demonstrable imperative reasons of overriding public interest.  In such cases, compensatory measures, such as habitat creation, are needed to maintain the integrity of the Natura 2000 site network. 

Regulation 34 provides for the strict protection of European protected species of plants and animals.  Those relevant to Northern Ireland are:

  • Otter
  • Bats (all species)
  • Cetaceans (all species, eg harbour porpoise).

 This legislation protects both the animals themselves and the areas they use for breeding or sheltering.  Licences can be granted by the DOE for certain purposes including preserving public health and safety.  However, for a licence to be granted there must be no satisfactory alternative and the action must not be detrimental to the species’ populations.

  • Environment (Nothern Ireland) Order 2002: This legislation requires NIEA to identify and designate Areas of Special Scientific Interest (ASSIs).  ASSIs are nationally important sites which are designated for their important flora, fauna or geological features.   The Order replaces the original ASSI provisions contained in the Nature Conservation and Amenity Lands (NI) Order 1985 (as amended). 

NIEA must also ensure that the sites are managed appropriately and protected from damaging activities.  The Order allows NIEA to enter into management agreements with landowners where existing land management needs to be changed to ensure that the site’s key features are maintained. 

The Order also places certain responsibilities on land owners or occupiers to ensure that sites are not damaged by activities such as agriculture or forestry.  In addition there is an obligation on all public bodies to take account of ASSIs in performing their own functions.

 There are currently around 230 ASSIs in Northern Ireland, covering 6.6% of the land area, but NIEA’s target is to designate 440 ASSIs by 2016. 

  • The Wildlife (NI) Order 1985: This is the most important legislation for the protection of Northern Ireland’s wildlife.  Now almost twenty five years old, the Order is currently being reviewed and will be brought more into line with the requirements of European Directives and more in tune with recent information on species in Northern Ireland. 

The Order protects wild birds, their nests and eggs as well as certain wild animals and plants.  Protected species are listed in the Schedules to the Order, but these schedules are set to be amended in the updated legislation.  Schedule 5 (animals protected at all times) has already been amended through the addition of the Freshwater Pearl Mussel Margaritifera margaritifera in 2007. The Order also contains provision relating to the introduction of new species, the establishment of Wildlife Refuges, and the protection of deer.

  • Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (as amended 1989): This Order was introduced along with the Wildlife Order to provide protection for our most important wildlife sites.  The provisions relating to ASSIs were replaced by the Environment Order in 2002 (see above).  However, many provisions remain in force including powers for the Department to designate National Parks, and to declare statutory nature reserves or marine nature reserves.  There is also a power for local authorities to provide local nature reserves within their areas.