Dáil debates

Wednesday, 17 June 2020

Climate Action and Low Carbon Development: Statements

 

1:35 pm

Photo of Josepha MadiganJosepha Madigan (Dublin Rathdown, Fine Gael) | Oireachtas source

I thank the Deputy. Unfortunately, I will have to disappoint her and say it is allowed all year round for road safety purposes and that I do not have any discretion. The dates for the cutting of hedges are set down in primary legislation under the Wildlife Act 1976, as the Deputy knows. Section 40 of the Act prohibits the cutting, grubbing, burning or destruction of vegetation with certain strict exemptions from 1 March to 31 August. There is provision in the legislation for some restricted exemptions from the prohibition during the closed period, for example, works undertaken in the ordinary course of agriculture or forestry, for health and safety reasons, the clearance of vegetation relating to road and other construction works, including the preparation of sites for development, and in respect of works permitted under statute. The Heritage Act 2018 includes a provision whereby works undertaken for road safety reasons under section 70 of the Roads Act were considered exempted works under section 40 of the Wildlife Act. The reason behind this provision was to align the provisions of the Wildlife Act with the Roads Act. Section 70 of the Roads Act 1993 obliges landowners to ensure a tree, shrub, hedge other vegetation on their land is not a hazard to road safety.

There is also a provision which allows the local authority to serve notices on landowners to undertake works-----

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