Policy & Legislation

Please be aware that the following is a summarisation of key pieces of legislation and is presented for information purposes only. The following is non-exhaustive and the reader should refer to the relevant sources for full text and related relevant legislation (e.g., EU ec.europa.eu/, Ireland www.irishstatutebook.ie/)

Invasive Species

At a European level, Ireland has signed up to a number of treaties and conventions, including the Convention on Biological Diversity. Such treaties and conventions require member states (MS) to address issues of invasive alien species (IAS). Key acts and regulations include the Wildlife Act 1976 and 2000, the European Communities (Birds and Natural Habitats) Regulations 2011 (SI 477 of 2011) and more recently the Invasive Alien Species Regulation (Regulation (EU) 1143/2014)

The Invasive Alien Species Regulation which entered into force on 1st January 2015, has the greatest potential to drive the management of invasive alien plant and animal species within the European Union (EU). Central to the regime is the establishment, and regular updating, of a list of IAS considered to be of Union concern (‘the Union list’). The placing of a species on the Union list activates a number of obligations on Member States towards those species. Of particular note, the Regulation states ‘Within 18 months of an invasive alien species being included on the Union list, Member States shall have in place effective management measures for those invasive alien species of Union concern ...’

In September 2011, comprehensive regulations which address deficiencies in Irish law implementing the EU Birds and Habitats Directives were signed into law. The European Communities (Birds and Natural Habitats) Regulations 2011 contain important new provisions to address the problem of invasive species. A blacklist of unwanted species is set out in the Regulations. It will be an offence without a license, to release or allow to disperse or escape, to breed, propagate, import, transport, sell or advertise such species. Two regulations that deal specifically with these scheduled lists of species are:

  • Regulation 49 ‘a person shall be guilty of an offence if they: plant; disperse; allow or cause to disperse; spread or cause to grow the plant in the Republic of Ireland’.
  • Regulation 50 ‘an offence to or intend to; import; buy; sell; breed; reproduce or propagate; offer or expose for sale; advertise; publish a price list; transport; and distribute any plant species or vector material listed in the Third Schedule’.

Species subject to restrictions under Regulations 49 and 50 are included in the third schedule of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I 477 of 2011). The invasive species listed in the Third Schedule include: Japanese Knotweed, Giant Knotweed, Giant Rhubarb, Himalayan Balsam, Himalayan Knotweed, Bohemian Knotweed and Rhododendron. The vector material referred to in the regulations (Third Schedule Part 3) which applies to Knotweed species is: ‘Soil or spoil taken from places infested with Japanese Knotweed, Giant Knotweed or their Hybrid Bohemian Knotweed’. If contaminated material is removed off site it will require a license from the National Parks and Wildlife Service in advance of any removal, in accordance with the European Communities (Birds and Natural Habitats) Regulations 2011 (SI 477)

The Waste Management Act 1996, as amended and associated regulations, must be complied with if contaminated material is to be moved off site. It is a requirement to dispose of this material to a fully licenced waste facility, capable of accepting such contaminated material.

The Planning and Development Acts 2000–2019 also provide a strong impetus to manage IAPS, particularly to those seeking planning permission in respect of proposed development in Ireland.

The Sustainable Use of Pesticides Directive (2009/128/EC) establishes a framework for the sustainable use of pesticides. The Directive was transposed into Irish law by SI No. 155 of 2012, European Communities (Sustainable Use of Pesticides) Regulations 2012. The regulations apply to all professional users of pesticides and states:

5. (1) Subject to paragraph (2) a professional user of pesticides shall

a) hold a certificate confirming that the professional user has been trained to a standard determined by the Minister in the subjects listed in Annex I of the Directive and

b) comply with any additional training requirements as determined by the Minister.”

The above is given for information purposes only, please refer to the original legislation. This is not an exhaustive list of all legislation governing IAS in Ireland or the EU

Noxious Weeds

Current legislation in Ireland pertaining to noxious weeds dates from 1936 when the Noxious Weed Act was enacted (repealing the Weeds and Agricultural Seeds (Ireland) Act, 1909). The Act aimed to enforce the control of particular weed species by individual landowners or managers by placing the onus of control on them. The owner, occupier, user or manager of lands on which noxious weeds are growing is liable, upon conviction, to a fine.

In the case of the verges, medians and other landscaped areas of public roads, the local authority charged with the maintenance of such roads is responsible under the Act. Following the enactment of the Act, a number of Orders were made relating to specific plants, and these are as follows:

  • Noxious Weeds (Thistle, Ragwort, and Dock) Order, 1937 (S.I. No. 103 of 1937);
  • Noxious Weeds (Common Barberry) Order, 1958 (S.I. No. 120 of 1958);
  • Noxious Weeds (Male Wild Hop Plant) Order, 1965 (S.I. No. 189 of 1965);
  • Noxious Weeds (Wild Oat) Order, 1973 (S.I. No. 194 of 1973).
  • The Noxious Weeds (Thistle, Ragwort, and Dock) Order, 1937, (S.I. No. 103 of 1937) does not detail the specific species for which control is mandatory. The interpretation by Fleming J. (2008) of the Department of Agriculture, Fisheries and Food defines the noxious species as the spear thistle (Cirsium vulgare) and the creeping or field thistle (C. arvense), common ragwort (Senecio jacobea) and two species of dock, the curled dock (Rumex crispus) and the broad-leaved dock (Rumex obtusifolius). It should be noted that there are numerous other species of thistle, ragwort and dock that are not classified as noxious weeds.

(Source: National Roads Authority Guidelines on the management of noxious weeds and non-native invasive plant speies on National roads Revision 1, December 2010)

Usage of Pesticides

The Sustainable Use of Pesticides Directive (2009/128/EC) establishes a framework for the sustainable use of pesticides. The Directive was transposed into Irish law by SI No. 155 of 2012, European Communities (Sustainable Use of Pesticides) Regulations 2012. The regulations apply to all professional users of pesticides and states :

5. (1) Subject to paragraph (2) a professional user of pesticides shall

  1. hold a certificate confirming that the professional user has been trained to a standard determined by the Minister in the subjects listed in Annex I of the Directive, and
  2. comply with any additional training requirements as determined by the Minister.”