Michael Moynihan (Cork North West, Fianna Fail)
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60. To ask the Minister for Housing, Planning, and Local Government the guidelines or regulations that apply to the mulching of mountain land in Ireland; and if he will make a statement on the matter. [45461/21]

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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I understand that this question is about the cutting or grubbing of vegetation on mountain land.

Some areas of mountain land have been designated as Special Areas of Conservation (SACs) or Special Protection Areas (SPAs) as part of the Natura 2000 network. Depending on reason for designation of the land, restrictions may have been set on clearing scrub or rough vegetation on that area. In such cases, prior consent under Regulation 30 of the European Communities (Birds and Natural Habitats) Regulations 2011, is required so that an assessment can be carried out before the mulching takes place to ensure it will not adversely affect the integrity of the European site based on its conservation objectives.

Similarly, if the land was designated as a Natural Heritage Areas (NHA), prior consent may be required under Section 19 of the Wildlife (Amendment) Act 2000 if the mulching was liable to destroy or to significantly alter, damage or interfere with the features for which the NHA was designated.

Finally, birds are protected during their nesting season whether the land is designated or not. It is an offence under Section 40 of the Wildlife Act, 1976, as amended, to cut, grub, or otherwise destroy (during the period beginning 1 March and ending on 31 August in any year) any vegetation growing on any land not then cultivated. There are some limited exemptions to this rule.