Jennifer Whitmore (Wicklow, Social Democrats)
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327. To ask the Minister for Housing, Planning, and Local Government if scramblers are allowed on National Parks and Wildlife Service, NPWS, lands; and if he will make a statement on the matter. [11283/21]

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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NPWS lands include areas designated as special protection areas or special areas of conservation under the EU nature directives. Such protected areas are collectively referred to as ‘European sites’.

In 2010, the European Communities (Control of Recreational Activities) Regulations 2010 (S.I. No. 293 of 2010) were implemented to regulate certain recreational activities (including the use of scramblers) in European sites and other areas where their use is likely to disturb or damage species and natural habitats protected under the EU nature directives.

The Regulations were made in response to the increased pressures and instances of serious damage and disturbance being caused to European sites by recreational activities such as scrambling, trail-biking, quad-biking.

The types of damage that can be caused includes the destruction of upland vegetation leading to erosion, the disturbance of ground-nesting birds and destruction of their nests, the swamping of the nests of water birds by power boats and jet skis, and damage to sand dune systems leading to blow-outs and loss of dunes.

The destructive impact of scramblers and other recreational vehicles can ultimately lead to long-term ecological change and the destabilisation of the natural ecology – particularly where large areas are rutted and compacted by repeated or concentrated use. The Regulations are not aimed at agricultural or other occupational use of scramblers or other off-road vehicles, State-owned vehicles or a vehicle being used by An Garda Síochána, the Emergency Services or the Defence Forces. They are aimed at the uncontrolled use of recreational vehicles which threatens to damage European sites or poses a threat to protected species.

Under these Regulations, a number of Ministerial Directions were made to restrict or to prohibit particular recreational activities in specified places where the protection of the nature sites or species is required. Public notice was given of these restrictions.

The 2010 Regulations have since been incorporated into the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No 477 of 2011). However, Directions made under the 2010 Regulations still have legal effect.

In summary, under the 2011 Regulations:

- Regulation 28 provides that I, as Minister, may direct that activities such as the recreational use of an off-road vehicle shall not be carried out, unless in accordance with my consent.

- Regulation 29 provides that I as Minister may issue a Direction to control specified activities in specified places, and the regulation names the use of scramblers and quad-bikes, amongst others, as activities to which these Directions may apply.

- Included in Regulations 35 and 67, are the general provisions for the prevention of damage to European Sites and the offences and penalties for any person who commits an offence under Regulation 35, amongst others.