Thomas Byrne (Meath East, Fianna Fail)
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423. To ask the Minister for Arts, Heritage and the Gaeltacht if there are exemptions to hedge cutting laws for contractors to cut hedge rows throughout the year, to allow for maintenance works on behalf of Eir and ESB Networks. [4338/17]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Section 40 of the Wildlife Acts 1976 to 2012 prohibits the cutting, grubbing, burning or destruction of vegetation from 1 March to 31 August during the nesting and breeding season for birds and wildlife. There is provision in section 40 (2) for some strict exemptions from the prohibition during the closed period which include the clearance of vegetation in the course of road or other construction works or in the development or preparation of sites on which buildings or other structures are to be provided. In addition, the cutting, grubbing or destruction of vegetation during the closed season is allowed in the course of works carried out for reasons of public health or safety by a Government Minister or a body established or regulated by or under a statute. Companies can apply to my Department for licences under the Wildlife Acts in cases of maintenance work to electricity or telephone lines which may involve disturbance or removal of bird nests.

Following a review of Section 40, which involved, inter alia, consideration of submissions from interested parties, I announced proposals in December 2015 to introduce legislation to allow for managed hedge cutting and burning at certain times within the existing closed period on a pilot two year basis. The legislation required to allow for these pilot measures is included in the Heritage Bill 2016, which was published in January 2016. The Bill is currently at Committee Stage in Seanad Éireann. In the meantime, the existing provisions relating to Section 40 of the Wildlife Acts remain in force.