Dáil Éireann Debate, Tuesday - 24 July 2018
2792. Deputy Peter Burke asked the Minister for Culture, Heritage and the Gaeltacht the way in which the three year trial period in relation to sections 7 and 8 of the Heritage Bill will work; the way in which results will be measured; the action that may be taken in relation to trial outcomes; and if she will make a statement on the matter. [32442/18]
Amharc ar fhreagra2851. Deputy Catherine Martin asked the Minister for Culture, Heritage and the Gaeltacht the data that will be used to ensure that the provisions of sections 7(1), 7(2) and 8 of the Heritage Bill will not negatively impact breeding birds and other wildlife; and if she will make a statement on the matter. [34344/18]
Amharc ar fhreagra2852. Deputy Catherine Martin asked the Minister for Culture, Heritage and the Gaeltacht the baseline data and analysis upon which the regulations she plans to bring into force under sections 7(1) and 7(2) of the Heritage Bill will be based; and if she will make a statement on the matter. [34345/18]
Amharc ar fhreagraI propose to take Questions Nos. 2792, 2851 and 2852 together.
Section 7 of the Heritage Bill 2016 provides for managed hedge cutting on roadsides and burning at certain times within the existing closed period on a pilot two year basis. These provisions in Section 7 cannot come into force until Regulations are made as provided for under the Heritage Act.
As far as hedgerows are concerned, Section 7 provides for the cutting of roadside hedges only during the month of August. I recognise fully that hedgerows are a very important wildlife habitat, providing food, shelter, corridors of movement, nest and hibernation sites for many of our native flora and fauna. The change in timing of cutting set out in Section 7 of the Act should not interfere with any of these functions.
The Regulations will therefore require that any cutting in the month of August may only be of the current year's growth; it should not involve the use of heavy flails. This aims to ensure that any birds nests that might still be active by August will not be at risk. It is my intention that my Department will carry out studies to determine what, if any, effects there are during the pilot phase. These studies will involve the use of control areas where cutting within the prescribed period in the Wildlife Acts can be compared with cutting of the current year's growth under the Heritage Act.
The pilot period does not apply to Section 8.
In relation to burning, Section 7 provides for Regulations to allow burning in certain areas of the country, in a county or counties or parts of a county at specified periods in the month of March. The Regulations and best practice guidelines which will be produced will provide guidance to landowners on a number of issues including rotational burning, that species and habitats consideration should be to the fore in planned burning and on the need to liaise with relevant authorities and local fire service personnel.
It is also intended to have a public consultation process including consultation with relevant stakeholders in finalising these Regulations.
I should point out that the general provisions of the Heritage Act 2018 in relation to the introduction of a two year pilot period whereby roadside hedges may be cut during August will not be in force in 2018. Any such cutting will require the making of Regulations in the first instance. It is envisaged that these Regulations will be made, with a view to commencement in 2019. The existing provisions in the Wildlife Acts on hedge cutting remain in force until then.
The provisions in Section 8 of the Heritage Act provide for alignment between provisions in the Roads Act on obligations of landowners to keep roadside hedges cut for road safety reasons and provisions in Section 40 of the Wildlife Acts. The Regulations and pilot phase relating to the provisions in Section 7 do not apply to Section 8 of the Act.
