Tom Fleming (Kerry South, Independent)
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239. To ask the Minister for Arts, Heritage and the Gaeltacht if he will introduce legislation for controlled mountain gorse burning before the closed season; and if he will make a statement on the matter. [48287/13]

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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The Wildlife Acts 1976 to 2012 prohibit the cutting, grubbing, burning or destruction of vegetation growing on uncultivated land or in hedges or ditches from 1 March to 31 August during the nesting and breeding season for birds and wildlife.

While vegetation such as hedgerows and scrub is important as wildlife habitat, it needs to be managed in the interests of both farming and biodiversity and the controlled burning of gorse is one such example. I have initiated a review of the current legislation to ensure that it remains both effective and balanced. As part of that review, the potential for setting the relevant dates by statutory instrument, rather than in primary legislation, as is the position currently, will be examined.