Holly Cairns
Question:1955. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine the steps he is taking to address illegal burning and hedge cutting; and if he will make a statement on the matter. [14313/21]
View answerWednesday, 24 March 2021
Questions (1955)
Written answers
My Department has responsibility for the processing of applications for a range of area based schemes including the Basic Payment Scheme (BPS), Greening and Areas of Natural Constraint (ANC).
The Terms and Conditions for these schemes contain very clear guidance on both illegal burning, (that is land burned between 1st March and 31st August, or land burned without the required consent being sought) and hedgerow cutting or removal.
In terms of illegal burning, where land has been burned between 1st March and 31st August, it is not in a state suitable for grazing or cultivation and therefore is ineligible for payment. My Department has an on-going imagery review project which tracks burnt land. Combined with this, officials from my Department carry out ground inspections in impacted areas on an on-going basis.
In terms of hedgerow removal, the Terms and Conditions of the Basic Payment Scheme outline that hedgerows cannot be removed between 1st March and 31st August. In the case of land designated as a Special Area of Conservation or Special Protection Area, hedgerows or drains cannot be removed without the prior approval of the National Parks and Wildlife Service. Hedgerows are field boundaries and as such are protected by the Environmental Impact Assessment (Agriculture) Regulations 2011 and 2017.
It should also be noted that hedgerow maintenance cannot be carried out during the closed period of 1st March to 31st August in any year as required under the Wildlife Act of 1976. Failure to abide by these dates will lead to a sanction under Good Agricultural and Environmental Condition (GAEC).
The burning of vegetation, or removal of hedgerows, is controlled by the Wildlife Acts. It is an offence under Section 40 of the Wildlife Act, 1976 (amended by Section 46 of the Wildlife Act, 2000) to burn or remove, from 1st March to 31st August in any year, any vegetation growing on any land not then cultivated. Individuals who are found to burn vegetation or remove hedgerows within that prohibited period are liable to prosecution by An Garda Síochána or by the National Parks and Wildlife Service (NPWS).
It is important to note that my Department has no role in regard to prosecutions. The Department carries out proactive and ongoing communications campaigns reminding landowners of the rules around burning and hedge cutting.