Peadar Tóibín (Meath West, Sinn Fein)
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581. To ask the Minister for Transport, Tourism and Sport the consultations that have taken place with the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs regarding the Heritage Bill 2016 and the road safety aspects of same. [25361/17]

Shane Ross (Dublin Rathdown, Independent)
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There are currently provisions in the Heritage Bill to amend section 40 of the Wildlife Act, 1976, as amended, and my Department has been consulted by the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs in relation to this proposed amendment.

Section 40 prohibits the cutting, grubbing, burning or destruction of vegetation, with certain strict exemptions, from 1 March to 31 August.

Section 70 of the Roads Act 1993 sets out the responsibility of landowners to take all reasonable steps to ensure that trees, hedges or other vegetation growing on their land are not, or could not become, a danger to people using a public road and or interfere with the safe use of a public road or the maintenance of a public road.

At present road authorities are exempt from the prohibition under Section 40 of the Wildlife Act 1976 and may carry out works under section 70 of the Roads Act, 1993 at any time during the year. However, land owners or occupiers of land are not exempt from the prohibition.

One of the proposed amendments in the Heritage Bill to section 40 of the Wildlife Act, 1976 will clarify that the felling, cutting, lopping, trimming or removal of a tree, shrub, hedge or other vegetation, pursuant to section 70 of the Roads Act, 1993, will be allowed during the period beginning on 1 March to 31 August. This will mean that works can be carried out by a landowner or occupier of land as well as a road authority under section 70 at any time during the year to ensure that a tree, hedge and other vegetation is not, or could not become, a danger to people using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road.