Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 161: To ask the Minister for the Environment, Heritage and Local Government if Section 46 of the Wildlife Amendment Act, 2000 applies in the case of unauthorised developments; and if he will make a statement on the matter. [23190/07]

John Gormley (Dublin South East, Green Party)
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Section 40 of the Wildlife Act 1976, as amended by Section 46 of the Wildlife Amendment Act, 2000, provides protection for vegetation on uncultivated land such as hedgerows by providing that "it shall be an offence for a person to cut, grub, burn or otherwise destroy, during the period beginning on the 1st day of March and ending on the 31st day of August in any year, any vegetation growing on any land not then cultivated or in course of cultivation for agriculture or forestry".

The purposes of these provisions include protection of bird life during the nesting season, prevention of forest fires, and protection of vegetation and wildlife habitats during the months of growth and reproduction. While it is not illegal to destroy vegetation while preparing or clearing a site for lawful building or construction works, including road construction, the destruction of vegetation on uncultivated land in the course of unauthorised development is an offence.

Members of the public are encouraged to contact their local wildlife ranger and report instances where hedgerows are being destroyed during the prohibited period.