Hedgerows and the Law
Hedgerows Legislation
Hedgerows in Ireland form important features in maintaining wildlife
diversity and in establishing wildlife "corridors", particularly for birds.
The commonest nesting birds found in hedgerows such as wrens, dunnocks,
robin and willow warblers depend entirely on insects during the Summer
months. In general untrimmed, thorned hedgerows containing species such as
blackthorn, whitethorn and holly are favoured by birds as they provide ample
food and also serve as a protection against predators.
Section 40 of the Wildlife Act, 1976, as amended by Section 46 of the 2000
Act, provides protection for hedgerows by providing that it shall be an
offence for a person to cut, grub, burn or otherwise destroy hedgerows on
uncultivated land during the nesting season from 1 March to 31 August,
subject to certain exceptions. It is important that, where possible,
necessary work to hedgerows is carried out outside this period.
It is possible in most cases to schedule and carry out necessary work to
hedgerows outside this period. The legislation makes provision for works
(other than road or other construction works) to be carried out for reasons
of public health and safety under the authority of any Minister or a body
established by statute that lead to the destruction of vegetation. There is
also a provision to enable the Minister for Environment, Heritage and Local
Government to request from the relevant Minister or body details of any such
works together with a statement of the public health and safety factors
involved.
It shall not be an offence to destroy vegetation in the ordinary course of
agriculture or forestry. Also it shall not be illegal to destroy vegetation
while preparing or clearing a site for lawful building or construction
works.
It is the policy of the Minister to prosecute for offences under section 40
of the Wildlife Acts 1976 and 2000 and successful prosecutions have been
taken under this section in recent years. Members of the public are
encouraged to contact their local wildlife ranger and report instances where
hedgerows are being destroyed during the prohibited period.
To contact your local wildlife ranger, click here for contact details
