Written Answers - Protection of Wildlife.
John Deasy
Question:
282
Mr. Deasy
asked the
Minister for the Environment and Local Government
the efforts being made to ensure the preservation of hedgerows; if a survey has been carried out to determine the extent of the removal of hedgerows; and if he will make a statement on the matter.
[9036/03]
Trevor Sargent
Question:
292
Mr. Sargent
asked the
Minister for the Environment and Local Government
the position regarding the policy when it is and is not permissible to trim hedgerows; the procedures in place for those who witness the law being broken; and the sanctions in place for those prosecuted.
[8798/03]
I propose to take Questions Nos. 282 and 292 together.
I am aware of the importance of protecting hedgerows and avoiding the disturbance of wildlife during the nesting season. Hedgerows form an important feature for maintaining wildlife diversity, particularly for birds. The rural environment protection scheme, administered by the Department of Agriculture and Food, makes specific provision for the protection of hedgerow habitats. Section 40 of the Wildlife Act 1976, as amended by section 46 of the 2000 Act, provides protection for hedgerows by providing that it is an offence for a person to cut, grub, burn or otherwise destroy hedgerows on uncultivated land during the nesting season from 1 March to 31 August.
The Acts do provide for hedgecutting during this period in a number of circumstances, however. These circumstances include cutting during the ordinary course of agriculture or forestry; the cutting or grubbing of isolated bushes or growths of fern in the ordinary course of agriculture; cutting for reasons of public health or safety by a Minister or a body established or regulated by or under a statute; the destroying of any noxious weed to which the Noxious Weeds Act 1936 applies; the clearance of vegetation in the course of fisheries development works by the central fisheries boards or a regional fisheries board; and the clearance of vegetation during road or other construction works or in the development or preparation of sites on which any building or other structure is intended to be provided.
A person who witnesses illegal hedgecutting should bring the matter to the attention of the local conservation ranger of my Department's heritage service, or the Garda Síochána for consideration of possible enforcement action under the Wildlife Acts 1976 and 2000. On summary conviction for illegal hedgecutting, a person may be liable to a fine not exceeding €635 or to imprisonment for a term not exceeding three months, or both. In the case of a second offence, a person may be liable to a fine not exceeding €1,270 or to imprisonment for a term not exceeding six months, or both. In the case of a third or subsequent offence, the fine is €1,905 or imprisonment for a term not exceeding 12 months, or both.
My Department is contributing €50,000 over a three-year period to support Networks for Nature, an initiative co-ordinated by the Heritage Council and aimed specifically at the conservation of Ireland's hedgerows. The range of actions supported by Networks for Nature includes education and training on hedgerows for local authorities, planners and landowners. A certification scheme is being established for hedgecutting contractors to raise the standards of mechanical hedge maintenance. A wide range of awareness raising activities are being undertaken, including the publication of booklets on all aspects of hedgerows, the creation of a website, engagement with the media and community groups and a hedgerow exhibition in ENFO later this year. Networks for Nature commenced a pilot survey of hedgerows in 2002 to develop a methodology which can be applied to a national survey of our hedgerow resource. A national survey is expected to commence shortly to assess the composition, structure, condition and management of hedgerows in Ireland. The survey will also provide data on the extent of hedgerow removal.
