Irish Statutory Instrument 477/2011 – EC Birds and Natural Habitats Regulations introduced important legislation concerning invasive species in the Republic of Ireland. Article 49 prohibits the introduction, breeding, release or dispersal of certain species; and Article 50 prohibits dealing in and keeping certain species.
Some key wording in this legislation includes:
The following prohibits the introduction, breeding, release or dispersal of animals listed in Part 2 of the Third Schedule:
Article 49 (1) “Save in accordance with a licence granted under paragraph (7), any person who breeds, reproduces or releases or allows or causes to disperse or escape from confinement, any animal which – … is included in Part 2A … or Part 2B … of the Third Schedule, shall be guilty of an offence.”
The following prohibits the planting, dispersal or allowing to disperse or spread or causing to grow of any plant listed in Part 1 of the Third Schedule:
Article 49 (2) “Save in accordance with a licence granted under paragraph (7), any person who plants, disperses, allows or causes to disperse, spreads or otherwise causes to grow in any place specified in relation to such plant in the third column of Part 1 of the Third Schedule, any plant which is included in Part 1 of the Third Schedule, shall be guilty of an offence.”
The following states that you can defend against allegations that you committed an offence under Article 49 (1) or (2) by proving that you took all reasonable steps and exercised all due diligence to avoid committing the offence:
Article 49 (3) “Subject to paragraph (4), it shall be a defence to a charge of committing an offence under paragraph (1) or (2) to prove that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.
The following states that you need a licence to transport any animal or plant listed in Part 1 or Part 2 of the Third Schedule, or anything from which they could reproduce, or a vector material that is listed in Part 3 of the Third Schedule. These vector materials, amongst other things, specifically include soil taken from a place contaminated with Japanese knotweed, Giant knotweed or their hybrid:
Article 50 (2) “Save in accordance with a licence granted under paragraph (7), a person shall be guilty of an offence if he or she imports or transports –
(a) an animal or plant listed in Part 1 or Part 2 of the Third Schedule
(b) anything from which an animal or plant referred to in Part 2 of the Third Schedule can be reproduced or propagated, or
(c) a vector material listed in Part 3 of the Third Schedule,
into or in or to any place in the State specified in relation to such an animal or plant or vector material in relation to that animal or plant or vector material in the third column of the Third Schedule.”
The Wildlife Amendment Act (2000) of The Wildlife Act (1976) made it an offence to cause an exotic species of flora to grow in the wild anywhere in the state:
“Any person who plants or otherwise causes to grow in a wild state in any place in the State any (exotic) species of flora, or the flowers, roots, seeds or spores of flora, otherwise than under and in accordance with a licence granted in that behalf by the Minister shall be guilty of an offence.”
