CIEEM response to the consultation on NPWS review and update of Wildlife Legislation

Here you will find our response to the Government of Ireland’s consultation on the NPWS review and update of Wildlife Legislation (13 September 2024). This response was developed by our Ireland Policy Group.

Provide clear guidance: Develop clear, usable guidance for both applicants and administrators to ensure a fair and transparent licensing process.
Amend the Wildlife Act: Establish a robust legislative basis for protected species licensing within the Wildlife Act.
Extend licence duration: it should be possible to issue derogation licences for at least 2-3 years or the full duration of projects to reduce uncertainty and administrative burden.
Clarify legislation on nesting birds: Clarify existing legislation and consider introducing a fast-track licensing system for common species.
Advance mitigation strategies: Issue mitigation strategies and licences in advance to avoid delays in project commencement.
Formalise multi-year survey licences: Create a formal system for multi-year survey licences for protected species.
Approve derogations at planning stage: Provide legislative backing for ‘derogation approval in principle’ at the planning stage.
Strengthen the role of NPWS: Enhance the role of the National Parks and Wildlife Service (NPWS) in the planning process.

Create a Priority List: Develop a priority list of habitats and species for protection, even outside protected areas.
Engage on Biodiversity Net Gain: Collaborate with stakeholders to manage the introduction of Biodiversity Net Gain (BNG) to Ireland.
Review section 40 Exemptions: Clarify and review exemptions to ensure proper enforcement and understanding.
Enhance monitoring and enforcement: Strengthen the monitoring and enforcement of wildlife legislation.
Ensure Local Authority expertise: Mandate that local authorities have access to sufficient ecological expertise.
Legislate data sharing: Require the submission of data records to the National Biodiversity Data Centre (NBDC).

Protect pollinators and invertebrates: Include pollinators and other beneficial invertebrates in the priority list for protection.

Establish a legislative framework: for assessing impacts within protected areas.
Mandate air quality assessments: for all projects impacting wildlife.
Ensure actionable monitoring: Strengthen legislation to ensure monitoring data is acted upon.
Publish NPWS policy statement: for ecological matters not covered by legislation.
Clarify implementation responsibilities: Provide clear guidance on responsibilities for implementing wildlife legislation.

Align with EU Nature Restoration Law: Integrate the requirements of the EU’s Nature Restoration Law into domestic wildlife legislation.
Clarify Annex I and II protection in the context of Ireland: Provide clear guidelines on the protection of Annex I habitats and Annex II species outside designated sites.