Statement from Minister Noonan on the start of the nesting season

“Today is 1 March and if you're already noticing more bird song in the air, it’s because nature is getting ready to spring into life all around us. That’s why, from today, the cutting of hedgerows and the burning of land is prohibited under the Wildlife Act.

"Over the next few weeks and months, some of our most familiar and beloved birds and mammals – many of which are endangered – will be busy trying to find a mate and nest and rear their young, and it's essential that we give them the space and the time to have the best chance at breeding successfully.

"Whether they live here year round or cross the world to breed here as summer migrants, so many of our birds rely on our hedgerows and uplands to make their homes, hatch their young, provide food for those hungry mouths, and give them the shelter that keeps them safe from predators.

"In the last few days we’ve seen disturbing reports of fires being deliberately lit around the country, including in Kerry and my own constituency of Carlow-Kilkenny. While legal, these fires damage nature, worsen air pollution, impact people’s health, degrade watercourses and threaten the safety of people and property.

"As of today, such fires are illegal, and those that intend to set them should be aware that all across the country, our National Parks and Wildlife Service has more rangers on the ground than ever before. We're also using new technologies, including aerial monitoring, to protect nature against wildlife crime. Our first surveillance is in the air today, monitoring fires along the West Coast and spreading South to Cork and Kerry with close surveillance on Killarney National Park. Our NPWS staff will remain vigilant, working closely with the Gardai and the Fire Service, and we will continue to run aerial surveillance with increasing regularity over the coming months.

"We are taking wildlife crime extremely seriously: 32 prosecutions were secured in 2022, there have been 2 successful ones so far in 2023 and there are a further 60 cases on hand. This is in addition to consequences to landowners for eligibility under the Basic Payment Scheme through cross-compliance with the Department of Agriculture, Food and the Marine.

"We're in a biodiversity crisis and we all have a part to play in making space for nature to survive and thrive. I’m appealing to everyone to do your bit and play your part to help us protect our precious hedgerow and upland habitats, which provide such important refuge for nature at this crucial time of year.

"If you see what you suspect to be a hedge-cutting or burning offence - report it in confidence to your local local NPWS office or Garda station, and report fires immediately to the Fire and Emergency Services on 112 or 999.”

The cutting, grubbing, burning or other destruction of “vegetation growing in any hedge or ditch” between 1 March and 31 August is prohibited under Section 40 of the Wildlife Act 1976. Suspected breaches are investigated by the National Parks and Wildlife Service (NPWS) and An Garda Síochána.

The prohibition outlined above does not apply (unless done by burning) in a number of circumstances set out in the Act. For businesses, landowners and the general public the most notable of these exemptions are:

• the destruction, in the ordinary course of agriculture or forestry, of any vegetation growing on or in any hedge or ditch. In the Act, “agriculture” is defined as including horticulture. Since horticulture includes gardening, the summertime trimming of hedges in the ordinary course of gardening falls under this exemption
• the clearance of vegetation in the course of road or other construction works or in the development or preparation of sites on which any building or other structure is intended to be provided
• the felling, cutting, lopping, trimming or removal of a tree, shrub, hedge or other vegetation pursuant to section 70 of the Roads Act 1993

Section 70(2) (a) of the Roads Act 1993 provides that “The owner or occupier of land shall take all reasonable steps to ensure that a tree, shrub, hedge or other vegetation on the land is not a hazard or potential hazard to persons 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”. NPWS recommends that such “reasonable steps” are taken between 1 September and 28 February, where possible.

It should also be noted that it is an offence under Section 22 of the Wildlife Act 1976 to wilfully destroy, injure, or mutilate the eggs or nest of a wild bird or to wilfully disturb a wild bird on or near a nest containing eggs or un-flown young birds at any time of the year.

Furthermore, the NPWS is working to review, consolidate and modernise the Wildlife Act and the Birds and Habitats Regulations. These are multi-year projects, which will include public consultation, and both are at planning phase. The updates will be wide ranging but will have a particular focus on deterrence and on improving the enforceability of wildlife laws.