Application for Derogations

Under the European Communities (Birds and Natural Habitats) Regulations 2011 – 2021

Guidance on the Strict Protection of Certain Animal and Plant Species under the EU Habitats Directive in Ireland

Please note – applications/reports received and derogations issued may be published on the NPWS website and/or the Department’s Open Data website.

The EC (Birds and Natural Habitats) Regulations 2011-2021 provide strict protection for all of the Irish species listed on Annex IV of the EU’s Habitats Directive. It does this by prohibiting certain activities which could impact on the conservation status of those species. Those activities may only be permitted by way of a derogation. It should be noted that the Minister can only issue such derogations in very limited circumstances. Any person thinking of applying for a derogation under these regulations should first read the document entitled "Guidance on the Strict Protection of Certain Animal and Plant Species" which details the strict protection measures around certain animal and plant species in Ireland under the EU Habitats Directive. It lists all animals and plants in Ireland that currently qualify for a derogation so this document should be consulted if you are unsure whether or not a particular species is protected. This document also describes what criteria must be met for a derogation to be issued and how Public Authorities, in particular, should approach activities where Annex IV species are involved.

Public Authorities should also read the more detailed document entitled "Strict Protection of Animal Species - Guidance for Public Authorities". This document offers a decision-making process for Public Authorities when planning their own works, to ensure that they are in compliance with the legislation. This document will also be helpful for developers and other people planning works which might impact on strictly protected terrestrial species.

In addition to the above please review the EU Commission notice Guidance document on the strict protection of animal species of Community interest under the Habitats Directive: EU Commission Guidance Document

Derogations for Bats

All bat species found in Ireland are listed under Annex IV of the EC (Birds and Natural Habitats) Regulations 2011 – 2021 and as a result works which would capture or kill them, damage or destroy their roosts or disturb them at important parts of their life cycle cannot take place without first obtaining a Derogation. This derogation is issued under Regulation 54 of the Regulations and strict criteria must be met before such a derogation can be approved.

Any person considering applying for a derogation should familiarise themselves with the document referenced above. They should also refer to the following document "Bat Mitigation Guidelines for Ireland" which provides information on bat survey requirements and mitigation measures for bats when carrying out works which may disturb them.

If it is established from reading the above that a derogation is required and the qualifying criteria have been met, an application form can be filled out and submitted. Once completed it should be submitted by email to wildlifelicence@npws.gov.ie. All applications must be accompanied by a detailed and up to date ecologist’s report covering all information laid out in the application form.

Printable Application Form in English
Fillable Application Form in English
Printable Application Form in Irish
Fillable Application Form in Irish

Bats in Houses

For individual bats that become trapped in a house, in the vast majority of cases, no derogation is required. The best course of action is to contain the bat in a single room of the house and try and get it to exit through an open window or door. Further information on what to do if you encounter bats in your home can be found by reading "Bat in Houses Leaflet".

While bats often roost in houses without the home-owner even noticing, a bat colony in a house can sometimes lead to a certain degree of inconvenience or disturbance. In such limited circumstances it is possible to apply for a Domestic Dwelling Derogation (3D) to exclude bats from the premises. Usually, this will involve an NPWS member of staff visiting the property and making a series of recommendations to the landowner. A derogation may subsequently be issued outlining the approved actions which may be taken to safely exclude bats from the dwelling. An application form for such a derogation can be found in the "Application to Exclude Bats from Domestic Dwellings" and should be emailed to wildlifelicence@npws.gov.ie

Derogation for other Annex IV Species

There are a number of other Annex IV species present in Ireland and under the EC (Birds and Natural Habitats) Regulations 2011 – 2021 all are afforded the same level of protection. A derogation must be obtained before any of these species are affected and failure to do so could result in prosecution. It should be noted that the Minister can only issue such derogations in very limited circumstances, as explained in the Guidance document. The list of Annex IV species for which a derogation can be applied for is below as well as the application form needed to apply. There is Departmental Guidance in relation to noise in the marine environment from construction, exploration or survey activities that can have a disturbing effect on marine mammals including whales and dolphins. This document should be consulted prior to making an application for a derogation. Completed application forms should be submitted by email to wildlifelicence@npws.gov.ie. All applications must be accompanied by a detailed and up to date ecologist’s report covering all information laid out in the application form.

Dolphin
Kerry Slug
Natterjack Toad
Otter
Porpoise
Turtle
Whales