KILDARE COUNTY COUNCIL has clarified that hedgecutting works along the M7 in Naas is permitted, as it’s part of construction work on that road which requires bird nesting surveyors to carry out an inspection beforehand.

Green Party candidate for Cork’s local election Lorna Bogue raised concerns after it was brought to her attention that hedges were cut along the M7 between the Naas roundabout and Newbridge in Co Kildare.

It was questioned whether this was illegal under the Wildlife (Amendment) Act 2000, where it is an offence to cut hedges or burn land between the 1 March and 31 August every year:

(1) (a) It shall be an offence for a person to cut, grub, burn or otherwise destroy, during the period beginning on the 1st day of March and ending on the 31st day of August in any year, any vegetation growing on any land not then cultivated.

(b) It shall be an offence for a person to cut, grub, burn or otherwise destroy any vegetation growing in any hedge or ditch during the period mentioned in paragraph (a) of this subsection.

However, Kildare County Council’s National Roads Office have issued the following response explaining how cutting along the M7 is exempt.

“Tree and vegetation clearance is permitted to be undertaken within bird nesting season as part of the planning permission of the project subject to adhering to best practice ecological guidelines for the protection of birds during the nesting season.

Areas where site clearance/ vegetation clearance is being undertaken are first subject to nesting bird surveys prior to any clearance works commencing.

“Site clearance only proceeds in areas where it has been established from the surveys that there is no nesting activity,” the statement says.

The Council says that vegetation is being removed along the M7 to accommodate new drainage lines and carriageway widening, and that a landscaping design has been developed to replace the vegetation being removed which includes for planting of trees and hedgerows.

In a statement to TheJournal.ie, the Department of Culture, Heritage and Gaeltacht Affairs said that among the exemptions of the act is the clearance of vegetation for roadworks or other construction works.

“Various staff members of the National Parks and Wildlife Service of the Department receive complaints about illegal hedge cutting from time to time. In general, complaints are received by NPWS conservation rangers who would investigate such complaints where there is sufficient evidence.”

In 2018 there were 5 prosecutions taken by the Department for illegal hedge cutting and clearing of vegetation. There are some 5 prosecutions for illegal hedge cutting and vegetation clearance before the courts or awaiting court dates.

Under the same Wildlife Act, there have been no prosecutions by the Department of Heritage against those who deliberately start wildfires in five years, despite 11 prosecutions in the six years previously.