Vol. 495 No. 2
182 Mr. Timmins asked the Minister for Arts, Heritage, Gaeltacht and the Islands the plans, if any, she has to introduce legislation to protect hedgerows and other wildlife habitat similar to the Hedgerows Regulations Act, 1997, which was introduced in Britain. [19806/98]
The Deputy will be aware that hedgerows are currently afforded protection by means of section 40 of the Wildlife Act, 1976, and Regulation 26 of the European Communities, (Natural Habitats) Regulations, 1997, which transposed Article 10 of the EU Habitats Directive. While local authorities are exempt from the provisions of section 40 of the Wildlife Act, 1976, due mainly to their safety obligations for public roads, it has been the practice to call for co-operation on the part of the local authorities and the public in general in helping to ensure that hedge cutting operations are only undertaken outside the critical nesting period in order to prevent the destruction of wildlife habitats during the breeding season and, in particular, those of nesting birds. The national parks and wildlife, NPW, division of Dúchas the heritage service of my Department, wrote some time ago to all local authorities seeking their co-operation in this matter and the response from the authorities was very positive.
The Department of the Environment and Local Government, in its booklet Memorandum on Grants for Non-National Roads 1996-1999, sets out guidelines for road authorities on roadside trimming. In particular, the guidelines state that local authorities should carry out roadside trimming, including hedge cutting, during the winter months where there is least risk to the ecological environment; the periods coinciding with nest building and rearing of young should be avoided; and the timing and manner of execution of such trimming work should seek to minimise possible damage to plants and wild flowers in hedgerows. Section 19 of the Local Government (Planning and Development) Act, 1963, as amended, requires planning authorities when preparing their development plans to include objectives for the conservation and protection of European sites. Part IV of the Third Schedule has been amended to afford protection to features of the landscape which are of major importance for wild fauna and flora. This amendment directly transposes Article 10 of the Habitats Directive.
Protection is also afforded to hedgerows under measures 4, 5 and supplementary measure 1 of the Rural Environment Protection Scheme, REPS, administered by the Department of Agriculture and Food. The Deputy should also be aware that the issue of hedgerow conservation, including any further possible legal or other measures which might be required, if any, is currently being considered by me in the context of the amendment of the Wildlife Act, 1976, and the development of a national biodiversity plan.
