The removal of 400m of mature hedgerow during bird nesting season has led to a conviction and fine for a Kilkenny farmer.

According to the Department of Housing, Local Government and Heritage, on October 19, at Thurles District Court, Brendan Phelan of Rathbane, Galmoy, Co. Kilkenny, pleaded guilty to one offence under the Wildlife Act 1976.

The offence took place on lands at Rathbane, Co. Killkenny between April 1 and 8, 2020. The offence was in relation the removal of 400m of mature hedgerow in order to make room for an internal farm roadway.

NPWS case against Kilkenny farmer

The case was taken by the National Parks and Wildlife Service (NPWS) of the Department of Housing, Local Government and Heritage and prosecuted by Gerard Meaney of the Chief State Solicitor’s office and barrister Rory Hanniffy.

Outlining the facts of the case, conservation ranger Jimi Conroy of the NPWS told Judge Elizabeth McGrath that on the April 8, 2020, he arrived in Rathbane to investigate a complaint that a line of hedgerow had been destroyed.

On the day of the investigation, he uncovered evidence that 400m of hedgerow had been removed and that the operation was ongoing.

The ranger said he advised Brendan Phelan to halt the works immediately, and the Kilkenny farmer complied.

Hedgerow importance

In summation, Judge McGrath told Phelan that the court takes these offences very seriously.

She asked the farmer if he understood the reasons for his prosecution, to which he replied that it was the wrong time of the year to be carrying out this type of work as it was during the bird nesting season.

Judge McGrath told Phelan that hedgerows were very important for bird life and also supported much biodiversity.

In considering her judgement Judge McGrath took into account Brendan Phelan’s early guilty plea and convicted him for offences under Section 40 of the Wildlife Act 1976 and fined €1,250 and ordered to pay costs of €735.

Minister of State for Heritage and Electoral Reform Malcolm Noonan has welcomed the actions of National Parks and Wildlife staff.

Minister Noonan said that prosecutions such as this “further demonstrate the seriousness of wildlife crime”.

“We must respect nature, and we must respect the laws that protect it,” the minister said.