Minister Noonan calls on the public to have their say in reviewing Ireland’s Wildlife Legislation

From Department of Housing, Local Government and Heritage 

Dates and Deadline

Public Consultation on Wildlife Legislation open from 27 June to 13 September 2024 

About the Consultation

Consultation is the first step in a wide ranging and comprehensive legislative review. 

Announcement by the Minister

Minister for Nature, Heritage and Electoral Reform Malcolm Noonan TD, has today announced the opening of public consultation to review and update wildlife legislation in Ireland. The public consultation runs until September 13th. 

Minister Noonan said:

“The laws underpinning the protection of nature in Ireland are a key instrument in the conservation and enhancement of our beautiful and unique natural heritage. By strengthening our laws in this area, we can give nature the best possible chance to recover and flourish.

It is vital that wildlife legislation is reviewed and updated to ensure that nature is given the best protection possible while also respecting our own place within it.

So often in Ireland, we rely on European Union legislation to tell us how we should protect nature under the law. This is a chance for us to decide for ourselves what our priorities should be and where we should go beyond the minimum protections set down under EU law. 

We are all stakeholders when it comes to wildlife legislation. I urge interested members of the public to have their say on how legal protections can be improved and on how we can have legislation that works for everyone and strikes an appropriate balance between the interests of humans and the interest of wildlife.” 

The public consultation and review will be conducted by the National Parks and Wildlife Service ( NPWS ) at the Department of Housing, Local Government and Heritage.

Which Legislation is Being Reviewed?

The upcoming review will include Wildlife Act, European Communities (Birds and Natural Habitats) Regulations 2011 and associated regulations

• The Wildlife Act 1976
• The Wildlife (Amendment) Act 2000
• The European Communities (Birds and Natural Habitats) Regulations 2011 and
• Related Regulations.

What Does the Legislation Protect?

This legislation covers areas such as:

• the protection of birds
• the protection of certain wild animals and
• the protection of certain lands, sites and habitats

What is the Objective?

The objectives are to update legislation so that it better protects nature, helps prevent biodiversity loss, is fully compliant with EU law, and is easier to enforce and comply with. It is anticipated that two new Wildlife Bills and several new Statutory Instruments will be published arising from this work. 

How Long with the Update of the Legislation Take?

The update of legislation will be completed over several years and will entail several phases of public consultation.

Initial Phase: Focus on Enforcement and Wildlife Crime

The key focus of the initial phase of the legislation update will be on strengthening the enforcement of wildlife crime. 

This first phase of the consultation is an online public consultation and will run until Friday 13th September 2024.

Members of the public are invited to contribute their views on:

• the priorities for any new legislation
• anomalies that should be addressed
• protections that should be strengthened and
• any other aspect of our wildlife legislation they think should receive close attention during the review. 

Niall Ó Donnchú, Director General with the NPWS said: 

“This review is a priority in our current Strategic Plan, to ensure that our legislation protects nature. NPWS is committed to engaging with the public over the course of the review and we encourage everyone to have their say.”

How to Make a Submission

1. Read the Guidance Document (see below) and ensure to keep the submission to under 5,000 words.
   
2. Send any comments by email to: wildlifelegislationreview@npws.gov.ie
   
3. Or send comments by post to:

Wildlife Legislation Review
Legislation and Guidance Unit
2nd Floor
National Parks and Wildlife Service
Department of Housing
Local Government and Heritage
90 North King Street
Dublin 7
D07 N7CV

Submission Guidelines and Guidance

The guidance document outlines in greater detail the legislation that is covered and not covered as part of this review. It also sets out a number of questions that you may wish to consider when making your submission. It is strongly recommended that you review this guidance document as an aid to making your submission.

• Guidance Document (PDF)
• Guidance Document (online)
• See also below – Guidance Document Questions

Submissions should be limited to 5,000 words.

Submissions exceeding this length will not be considered.

Guidance Document: Questions to Help You Make a Submission

The following is a non-exhaustive list of some of the questions you may wish to consider when developing your submission.

General 

1. In what areas could current wildlife legislation be strengthened for the protection of wildlife? 
2. Are there any inconsistencies or anomalies that you would like to see addressed in the update of wildlife legislation? 
3. Are there areas that are not covered by current wildlife legislation that should be? 
4. What changes to the relevant wildlife legislation could be made to better protect against biodiversity loss?

Practical Experience of the Legislation

1. From your practical experience of how Ireland’s wildlife laws operate, what does not work at present? 
2. Are there any provisions that just don’t make sense in your view? 
3. Are there measures to protect wildlife in other countries that you would like to see adopted in Ireland? 

EU Directives 

1. Do you wish to highlight any particular changes that should be made to better reflect European Union Directives? 

Wildlife Crime 

1. Are Ireland’s current penalties, liabilities and sanctions sufficient to offer a strong deterrent against wildlife crime? 
2. In what ways could these be improved or amended, if any?
3. How could the law be strengthened to better equip authorities to deal with wildlife crime? 
4. Are there offences not covered by current wildlife legislation that you consider should be included? 
5. Are there other legislative measures that you consider are necessary to improve the deterrence of wildlife crime? 
6. To what extent do you consider should offences be covered by on-the-spot fines and which offences or activities would most suit an on-the-spot fine system? 
7. How could wildlife be better protected from illegal poisoning and persecution under legislation? 
8. Are there any legal improvements that could be made to better regulate the trade of wildlife?

Protection of Habitats 

1. What legal provisions are required to better protect habitats? 
2. How could stronger legal protection be given to habitats such as hedgerows, nature reserves etc? 

Protection of Species 

1. How could the legislation be improved to better protect plant and animal species? 
2. Are there specific species not currently protected in the Wildlife Acts or under the European Communities (Birds and Natural Habitats) Regulations 2011 or other Regulations that should be? If so, on what basis do they warrant protection? 

Wildlife Licensing 

1. What derogations or licences (i.e. licences issued by the Minister to allow some activity that is otherwise unlawful under the wildlife legislation) should be in place so that the legislation is workable for everyone?
2. How generally could licensing rules be improved to better protect nature?

Further Information

Further details on the consultation process, including a guidance document, are available here: Public consultation on review and update of Wildlife Legislation