Fergus O'Dowd (Louth, Fine Gael)
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48. To ask the Minister for Culture, Heritage and the Gaeltacht the status of the main provisions and the current status of the Heritage Bill 2016; and if she will make a statement on the matter. [19972/18]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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The Heritage Bill, which has passed all stages in Seanad Éireann, passed Committee stage in Dáil Éireann yesterday. The Bill has three main Parts, amending the Canals Act 1986, the Wildlife Acts and the Heritage Act 1995.

The principal purpose of the Bill is to implement the Report of the Critical Review of the Heritage Council approved by Government in 2013.

The Bill also amends the Canals Act 1986 to allow the making of bye-laws by Waterways Ireland for the regulation of boating and management of the canals.

The Bill alsoprovides for controlled burning of vegetation under strict regulation in the month of March on a pilot basis for a two year period, and for the managed cutting of roadside hedges, under strict regulation, in August, again for a two year pilot period. The Bill also clarifies the powers of authorised officers under the Wildlife Acts and harmonises the provisions of the Roads Act 1993 with the Wildlife Acts.

Burning of vegetation in the month of March

The provision in the Heritage Bill is not a blanket approval allowing the indiscriminate burning of vegetation in March. The legislation provides for Regulations (on a two-year pilot basis) to allow burning in certain areas of the country, at specified periods in the month of March, for example where burning has been impossible earlier in the year due to adverse weather.

Cutting of hedges in August

The Regulations will require that any cutting of roadside hedges in August may only be of the current year's growth. Heavier cutting must still be done during the existing permitted period, i.e. between September and the end of February. There will be a public consultation process including consultation with relevant stakeholders in finalising these Regulations which are for a two-year pilot period.

Harmonising the Wildlife Act with the safety provisions in the Roads Act

Section 70(2) of the Roads Act obliges landowners to ensure that vegetation on their land is not a hazard to road safety. A local authority may serve notices on landowners to deal with vegetation, for safety purposes, along public roads. However, the Wildlife Acts state that such works may not be undertaken by landowners.

The conflict between these two pieces of legislation needs to be resolved and so the provision in the Heritage Bill is designed to harmonise both sets of legislation, clear up any confusion and remove conflict.

Regulation of boating on the Canals

The amendments to the Canals Act will allow Waterways Ireland to make bye–laws to regulate boating on the canals and to manage the use of the canals and will enhance the ability of Waterways Ireland to manage these waterways for the benefit of all their users.

Our waterways make a vital contribution to tourism, attracting visitors from around Ireland and from abroad. There are over 14,000 registered boat owners on the seven waterways managed by Waterways Ireland. There are over 500 boats on the Royal Canal, Grand Canal and Barrow Navigation and Waterways Ireland is seeking to encourage more visiting boats onto the waterways. The existing bye law regime is not conducive to advancing this objective. The proposed bye-laws are intended to encourage tourism and leisure craft users by supporting the investment already made by Waterways Ireland in new infrastructure and facilities along the canals and by enhancing Waterways Ireland’s ability to manage, care for and maintain the canals and to help to develop them as a vibrant recreational and tourist amenity for all waterway users.

The Heritage Council

In implementing the recommendations of the Report of the Critical Review of the Heritage Council approved by Government in 2013, this Bill will refocus the activities and functions of the Heritage Council, with a particular emphasis on engagement with communities and local authorities. The Bill also introduces the non-remuneration of Board members while continuing their entitlement to expenses incurred in discharge of their duties, reduces the size of the Board and removes the requirement for statutory Standing Committees on wildlife, archaeology, architectural heritage and inland waterways. The Heritage Council retains the right to set up Committees as it sees fit.