- Kildare farmer instructed to pay over €2,500 following Wildlife Act prosecution
- NPWS on “high alert” for hedgerow cutting and removal during the bird nesting season
- Minister for Heritage Malcolm Noonan welcomes NPWS’s “zero tolerance” approach to habitat destruction
The National Parks and Wildlife Service of the Department of Housing, Local Government and Heritage has warned of a ‘zero tolerance’ approach to the illegal cutting of hedges between 1st March and 31st August each year. This follows a recent prosecution related to illegal hedgerow destruction in Kildare, which resulted in a large fine.
“Hedgerows are superhighways for nature, a hugely valuable and biodiverse network that extends throughout the country and includes some of the oldest and most well established habitat in our landscapes,” said Minister of State for Heritage and Electoral Reform, Malcolm Noonan TD. “The vast majority of landowners are already aware that, while limited exemptions do exist, it is illegal to damage or destroy hedgerows during the breeding season. I welcome NPWS’s zero tolerance approach to offences under the Wildlife Act. These are extremely serious matters and my Department is responding by actively recruiting additional Conservation Rangers and establishing a Wildlife Crime Unit to properly resource our efforts to protect nature. I call on members of the public who witness these acts to contact and provide as much evidence as they can to the NPWS.”
Commenting on the need for a zero tolerance approach, Padraig O’Donnell, Regional Manager with the NPWS, said: “We are experiencing a crisis in our countryside and we have to undertake a zero tolerance approach. We’re losing hedgerows forever, and we need to temper it. There are exemptions and not all hedge cutting is illegal. This is not about people clipping a hedge, this is about hedgerow destruction. The biodiversity-rich hedgerows in the greater countryside are part of our shared heritage, but these are being destroyed by contractors and landowner, and we are determined that this must stop.”
In addition to increasing staffing resources on the ground and establishing the Wildlife Crime Unit, NPWS has said that it will bring further cases to court for any cases that see bird nesting habitat destroyed through the removal of hedgerows. NPWS is on “high alert” for hedgerow cutting and hedgerow removal, Mr O’Donnell added, “and we are determined to follow up on reports and prosecute where possible.”
A successful prosecution took place earlier this month. On Monday March 1st, Mr. Robert Conlon, Eyrefield Road, Athgarvan, Co. Kildare, appeared before Nass District Court charged with two offences under the Wildlife Acts. The case was prosecuted by Gareth Robinson BL instructed by State Solicitor Sharon Murphy. The case was taken on behalf of the National Parks & Wildlife Service (NPWS) of the Department of Housing, Local Government and Heritage.
Both offences occurred on the 15th of July 2019 at Dunmurry, Co. Kildare. The first charge relates to Section 40 of the Wildlife Acts, which makes it an offense to destroy vegetation on uncultivated land during the bird nesting season, which runs from the 1st of March to the 31st of August each year. The defendant was also charged under Section 69 of the Wildlife Acts for aiding and abetting the Section 40 offense. Mr. Conlon pleaded guilty to both charges.
Mr. Kieran Buckley, a Conservation Ranger with the NPWS, outlined to Judge Desmond Zaidan at Naas District Court, that on the day of the offense he observed a significant amount of vegetation had been destroyed in an area near Dunmurry House. He told the Judge that Mr. Conlon cut the vegetation at a particularly sensitive time of the year when young birds are still in their nests – and which are hidden among vegetation. He told the court that vegetation growing in uncultivated land is very important habitat for breeding birds. Judge Zidane said he was aware that there was a lot of this type of activity going on and wondered why it cannot be done outside of the nesting season, to protect wild birds. The Judge also noted the high level of public concern surrounding the cutting of vegetation during the bird nesting season and asked Mr. Buckley: was this act carried out with malice. Mr. Buckley explained to the Judge that Mr. Conlon told him that he was "tidying up the place” and he claimed the defendant seemed indifferent to the consequences of his actions.
Prosecuting counsel Gareth Robinson BL told the Judge that Wildlife Act offenses carry a Class A fine of up to €5,000 for each summons. When asked by the Judge what were the costs, Mr Robinson replied €1,000. The Judge revised this figure to €500, plus vat. Defence council for Mr. Conlon told the court that her client who farms land in Dumurry was prepared to make a charitable donation of €1,000. Judge Zidane replied that this figure was insufficient and imposed a €2,000 fine on Mr. Conlon for the Section 40 offense, ordered that he pay the €500 plus vat, and took into consideration the Section 69 offense. The Judge found the facts of the case proven and applied the Probation Act to Mr Conlon. He asked Mr. Buckley to nominate a wildlife charity. The Irish Wildlife Trust were nominated as the recipients of the fine imposed.
Commenting on the value of hedgerows, Padraig O’Donnell, Regional Manager with the NPWS said: “Around the country, hedgerows which have been growing for hundreds of years are being wiped out. These have been growing out and supporting huge biodiversity but once they are destroyed they are gone forever, as is the biodiversity that depended on them. Everything from birds to mammals to insects to plants. They are a source of food and shelter and one of our most important habitats.”
He urged people observing loss to contact the NPWS by sending an email to natureconservation@chg.gov.ie outlining their concerns and providing evidence where possible. “Wildlife Act enforcement relies on evidence,” he noted.
Dates for the cutting of hedges are set down in primary legislation under the Wildlife Acts. Section 40 of the Act prohibits the cutting, grubbing, burning or destruction of vegetation, with certain strict exemptions, from 1 March to 31 August.
There is provision in the legislation for some restricted exemptions from the prohibition during the closed period - for example, for works undertaken in the ordinary course of agriculture or forestry, for health and safety reasons, the destruction of noxious weeds, in respect of works permitted under statute and for works undertaken for road safety reasons (both landowners and public authorities can take reasonable steps to address hedges and trees for road safety reasons at any time of the year).