Jan O'Sullivan (Limerick East, Labour)
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Question 388: To ask the Minister for the Environment, Heritage and Local Government if his Department assessed the conservation implications of a tree felling operation by a construction company (details supplied) in County Tipperary during 2004; if his attention has been drawn to the fact that this operation was conducted during the nesting season which has given rise to local concern; if he will request a wildlife officer of his Department to investigate same; and if he will make a statement on the matter. [43502/06]

Dick Roche (Wicklow, Fianna Fail)
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The development in question is not within any site designated under the Habitats Regulations or the Wildlife Acts. While Section 40 of the Wildlife Act 1976, as amended, protects vegetation from being cut, grubbed, burned or otherwise destroyed during the period from 1 March to 31 August, the legislation also provides for a number of exemptions. For example, section 40 exempts from the provisions the clearance of vegetation in the course of road or other construction works or in the development or preparation of sites on which any building or other structure is intended to be provided.

In these circumstances, it would not be practicable at this stage to commit my Department's resources to investigating the matter referred to in the Question.