I propose to take Questions Nos. 2849 and 2850 together.
Section 40 of the Wildlife Acts 1976, as amended, prohibits the cutting, grubbing, burning or destruction of vegetation, with certain strict exemptions, from 1 March to 31 August. Section 40 was recently amended in the Heritage Act 2018 where provision was made for managed hedge cutting on roadsides and burning at certain times within the existing closed period on a pilot two year basis. In addition the Heritage Act 2018 also provides 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.
Individuals undertaking hedge cutting at any time of the year have obligations under the Wildlife Acts in that it is an offense to wilfully destroy, injure or mutilate the eggs or nest of any bird species. It is also an offense to wilfully disturb any bird species on or near a nest containing eggs or unflown young. Individuals would require a licence from my Department to remove eggs or nests of any bird species and these applications are examined on a case by case basis. There is also a facility under the Wildlife Acts to remove chicks from a nest in certain situations under licence.
