The special provisions relating to burning of vegetation near prime conservation habitats were made under section 39. The object of section 40 is to restrict the destruction of vegetation, whether by burning or otherwise, during the breeding and nesting season for fauna. Section 28 of the Game Preservation Act, 1930, being repealed, contains corresponding provisions relating to game but these are now being expanded and the period from 1st April to 14th July extended to meet the broader conservation purposes of the Bill which embrace all wild bird species, including game, and certain mammals. There are liberal exemptions, mainly in the interests of agricultural activities, provided the method of destruction excludes burning. The requirement under the 1930 Act that written Garda permission be obtained prior to destruction of vegetation is being dropped as being unnecessary, having regard to the clearly defined exceptions.
The section primarily aims at controlling the burning of heather, so as to eliminate as far as possible the destruction of ground-nesting bird species and their habitats during the breeding season. Now here we are restricting the right of destruction of vegetation, whether owned by the person who destroys it or otherwise, and we are limiting that within certain periods, from 15th April to 31st August, and, as I said, there are liberal exemptions given in subsection (2) in the interests of agriculture.