Heather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

I mean amendment No. 1 and subsections (1), (2) and (3) of amendment No. 6. First, I thank the Senators for their contributions. With regard to the first part of amendment No. 6, section 70 of the Roads Act provides that where a tree, hedge or shrub is considered a hazard or potential hazard to persons using a public road, a local authority may serve notice on the owner or occupier of the lands where the hedges and so forth are situated requiring the cutting, trimming or removal of the hedges or shrubs. This amendment provides for the inclusion of these notices under section 40(2) of the Wildlife Act as an exempted activity. I have considered the amendment and am prepared to accept it in principle, as it goes some way towards harmonising the provisions of the Roads Act on works to be undertaken for safety purposes along public roads with the provisions of section 40 of the Wildlife Act. However, I intend to consult the Attorney General and the Minister for Transport, Tourism and Sport on the wording of the amendment. I will bring forward a further amendment on Report Stage to reflect the Senator's proposal. I will also bring forward an amendment on Report Stage with regard to amendment No. 1 on the collective citation for the Roads Acts. I thank the Senators for raising this issue as it clarifies an area of doubt.

With regard to subsection (2) in amendment No. 6, there are provisions in section 40(2) of the Act for some strict exemptions from the prohibition on burning and cutting during the closed period, for example, for health and safety reasons, the destruction of noxious weeds and during works permitted under statute. Specifically, section 40(2)(c) provides that public bodies such as local authorities can carry out hedge cutting for public health and safety reasons. The amendment provides that all public bodies will have to notify me of all such work during the March to August period. It should not be mandatory for public bodies to notify me of all such works, which I view as an onerous task which could potentially delay the carrying out of urgent work on health and safety grounds. I have existing powers under section 43 of the Act to request details of such works from local authorities, with a statement of the public health and safety factors involved. I have used these powers on a number of occasions in recent years. I believe my existing powers are sufficient in this regard. The subsection provides for over-regulation and I cannot accept it.

As regards subsection (3) of the amendment, the proposed amendments are to the Roads Acts, which are outside the remit of the Bill. Roads legislation is a matter for my colleague, the Minister for Transport, Tourism and Sport. Accordingly, it is not possible for me to accept the amendments.

I wish to make some general points on the legislation. I am trying to allow managed hedge cutting and burning within the current closed period on a pilot basis for two years. Currently, from 1 March to the end of August it is an offence to carry out burning or hedge cutting. There have been repeated calls for this closed period to be amended, primarily to allow for better land management. I am introducing some flexibility into the system. Managed hedge cutting will be allowed under strict criteria during August to help ensure issues such as overgrown hedges impacting on roads can be tackled. Controlled burning will also be allowed in certain areas around the country, to be specified by the Minister, during March should it be necessary, for example, due to adverse weather conditions. I announced a review in late 2014 of section 40 of the Wildlife Act, which relates to hedge cutting and burning. These measures are being introduced as a result of that review.

I have tried to strike a balance. Hedgerows and scrub are important wildlife habitats, but they also must be managed in terms of biodiversity and land management. I am not changing the closed period. I am allowing for cutting and burning in a managed way within the current closed period. I also wish to collect more information on the impacts, if any, of these changes. We will collect the information on bird life on different types of hedgerows during this pilot period.