A5 Western Transport Corridor Volume 3 – Appendices APPENDIX 11A DESIGNATED WILDLIFE SITES Designated wildlife sites are significant nature conservation factors for the scheme as many wildlife sites receive significant legal and policy protection from activities that may harm them; and wildlife sites generally contain the best examples of high quality ecological features within Northern Ireland. Legislation This list below summarises the legislation which is relevant to the assessment, i.e. legislation relevant to designated sites which may be affected by the Proposed Scheme. Northern Ireland Amenity Lands Act (Northern Ireland) 1965; The Wildlife (Northern Ireland) Order 1985 (as amended); The Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (as amended); The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended); The Environment (Northern Ireland) Order 2002 (as amended); and The Wildlife and Natural Environment Act (Northern Ireland) 2011. Republic of Ireland The Wildlife Act, 1976; The Flora (Protection) Order, 1999; The Wildlife (Amendment) Act, 2000; and European Union (Birds and Natural Habitats) Regulations 2011. The following EC Directives and international conventions are implemented by some of the above NI and ROI Acts and Regulations: Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive); Convention on Wetlands of International Importance (the Ramsar Convention on Wetlands) (1971) (as amended by the Paris Protocol 1992 and the Regina amendments 1987); © Mouchel 2016 A.11A-1 A5 Western Transport Corridor Volume 3 – Appendices Convention on the Conservation of European Wildlife and Natural Habitats (the Bern Convention) (1979); Convention on the Conservation of Migratory Species of Wild Animals (the Bonn Convention) (1979); Council Directive 79/409/EEC on the Conservation of Wild Birds (the Birds Directive); and Agreement on the Conservation of Populations of European Bats (EUROBATS) (1991) (as amended). Special Protection Areas (SPA) SPA receive full protection under the Birds Directive and are areas of the most important habitat for rare (listed on Annex I to the Directive), vulnerable, and migratory birds within the European Union. SPA form part of the Natura 2000 network, and are therefore protected under the Habitats Directive. All NI SPA are also designated as ASSI and therefore receive additional protection under the Part IV of The Environment (Northern Ireland) Order 2002. Any development likely to have significant impacts upon a Natura 2000 site will have to be assessed for its implications on the site’s conservation status, an obligation under the aforementioned Regulations. Ninety three species are listed upon Annex I to the Birds Directive, of which approximately thirty are regularly recorded in NI (although many of these occur solely as summering migrant populations, passage migrants or scarce visitors). The presence of important populations of Annex I bird species, or non-Annex I migratory birds, is a primary consideration in the identification of SPA. Special Areas of Conservation (SAC) SAC are designated under the EC Habitats Directive. SAC are areas that have been identified as best representing the range and variety within the European Union of habitats and (non-bird) species listed on Annexes I and II to the Directive. SAC, together with SPA, form the Natura 2000 network. As part of the Natura 2000 network, all SAC in the study area receive legal protection under The Conservation Regulations or the European Union (Natural Habitats). Where projects are likely to, or there is residual uncertainty as to whether they may, have a significant effect on the ecological integrity of a Natura 2000 site, that project must fully ascertain the nature of these potential effects and be subject to an ‘Appropriate Assessment’ as defined by the legislation. The Regulations require competent authorities to consider or review planning permission, applied for or granted, affecting a European site, and, subject to certain exceptions, restrict or revoke permission where the integrity of the site would be adversely affected. Equivalent consideration and review provisions are made with respects to highways and roads. Candidate SAC (cSAC) receive the same level of protection as full SAC. © Mouchel 2016 A.11A-2 A5 Western Transport Corridor Volume 3 – Appendices Ramsar Sites Ramsar sites are designated under the Convention on Wetlands of International Importance, agreed in Ramsar, Iran, in 1971. They were originally intended to protect sites of importance, especially as waterfowl habitat, although the Convention has broadened its scope over the years to cover all aspects of wetland conservation and wise use, recognising wetlands as ecosystems that are extremely important for biodiversity conservation in general and for the well-being of human communities. Ramsar sites are not legislated under European legislation, although national Planning Policy Statement 2 (PPS2) recommends they should be afforded the same level of consideration and protection as Natura 2000 sites. Areas of Special Scientific Interest (ASSI) (NI) ASSI provide statutory protection for the best examples of NI’s flora, fauna, or geological or physiographical features. These sites are also used to underpin other national and international nature conservation designations. ASSIs are notified under Part IV of The Environment (Northern Ireland) Order 2002. Under this legislation they have powers to prevent damaging operations affecting such sites. Any such operation must be notified to the Northern Ireland Environment Agency (NIEA) beforehand and permission sought. Various offences and provisions apply to these sites, but in summary, any persons who intentionally or recklessly damages or disturbs each ASSI may be liable to a criminal conviction and a fine of up to £20,000. Public bodies are required to further the conservation and enhancement of ASSI land through the appropriate exercise of their functions. Policies Regional Development Strategy (RDS) In 2010 The Department for Regional Development in Northern Ireland published a revised Regional Development Strategy (RDS) for the future development of Northern Ireland to 2035. RDS 2035: Building a Better Future provides an overarching long term strategic planning framework to facilitate and guide the public and private sectors long term directions. The RDS is material to decisions on individual planning applications and appeals. Changes to the legislative requirements were made under the Planning Act (Northern Ireland) 2011. The bulk of the Act will not come into force until planning powers transfer to local councils in April 2015 as agreed by the Executive. When planning powers transfer the Department of the Environment (DoE) will continue to be responsible for planning policy and guidance. The Order currently requires Departments to “have regard to the regional development strategy” in exercising any functions in relation to development. The requirement for these policies to be in general conformity with the RDS will remain. Whilst many of the objectives of the previous strategy published in 2001 and amended in 2008 are still valid the RDS 2035 now replaces it. © Mouchel 2016 A.11A-3 A5 Western Transport Corridor Volume 3 – Appendices Of particular importance to ecology and the current project are the policies contained in Regional Guidance RG11: Conserve, protect and, where possible, enhance our built heritage and our natural environment. This includes the following aim of relevance to wildlife sites: Identify, establish, protect and manage ecological networks. Ecological networks, including the protection of priority species, are needed to maintain environmental processes and help to conserve and enhance biodiversity. A well established ecological network, including designated sites, should provide the habitats needed for ecosystems and species populations to survive in an increasingly human dominated landscape. Protect designated areas of countryside from inappropriate development (either directly or indirectly) and continue to assess areas for designation. Designating special areas for protection is an effective way of ensuring our wildlife and natural landscapes retain their individual characteristics. Some areas are deemed of such importance that they are formally designated under various pieces of national and international legislation. Northern Ireland National Planning Guidance (Planning Service) The two national Planning Policy Statements (PPS) which are most relevant to Ecology and Nature Conservation are PPS1 and PPS2. PPS 1: General Principles This guidance document introduces the general framework for local development control within NI. It includes the following statement in paragraph 12 which is of relevance to ecology and nature conservation. ‘When working towards sustainable development the department will aim to: conserve...natural resources (including wildlife...), taking particular care to safeguard designations of national and international importance.’ PPS 2: Natural Heritage (July 2013) This guidance document introduces principles for the protection, mitigation and compensation of features of nature conservation value (sites, habitats and species) within NI. The policies specific to designated wildlife sites are: Policy NH 1 - European and Ramsar Sites - International outlines measures to protect international sites; Policy NH 3 - Sites of