John Perry (Sligo-Leitrim, Fine Gael)
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Question 300: To ask the Minister for the Environment, Heritage and Local Government the regulations and guidelines set down by his Department for all local authorities in respect of hedge cutting; and if he will make a statement on the matter. [31102/05]

Dick Roche (Wicklow, Fianna Fail)
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Section 40 of the Wildlife Act 1976, as amended, provides that it shall be an offence for a person to cut, grub, burn or otherwise destroy, during the period from 1 March to 31 August, any vegetation growing on any land not then cultivated or, during the same period, to cut, grub, burn or otherwise destroy any vegetation growing in any hedge or ditch. There are a number of derogation provisions in the legislation. Those relevant to local authorities cover works being carried out for reasons of public health or safety and the clearance of vegetation in the course of road or other construction works.

Section 70 of the Roads Act 1993 obliges landowners and occupiers of land to take all necessary care to ensure that shrubs, hedges or any other vegetation on their land are not or could not become a danger to road users. In this regard it empowers a local authority, where it considers that a hazard exists, to serve a notice on a landowner or occupier of land requiring action to be taken to remove the danger or potential danger. The local authority itself can carry out the works specified in the notice in any case where the person whom the notice was served fails to comply with it. Where there is an immediate and serious risk to road users, the local authority can act at once, without serving notice, to remove or reduce the danger. In either case, the local authority may recover the cost of the works from the landowner or occupier.

My Department writes each year to local authority managers reminding them of the need to plan hedge cutting operations to comply with the Wildlife Acts as referred to above, and stressing the importance of hedges as a key element of biodiversity in Ireland.