Contractors have called on the Department of Housing, Local Government and Heritage to allow for an extension to the hedge-cutting season under existing regulations on account of recent weather conditions.
The Association of Farm and Forestry Contractors in Ireland (FCI) has called on the department to provide clarity on its interpretation of Section 40 of the Wildlife Act 1976 as amended by the Wildlife (Amendment) Act 2000 and the Heritage ACT 2018, of the term, “in the ordinary course of agriculture or forestry”.
The FCI request has been made to take account of the fact that Irish farmland has experienced a prolonged period of heavy rainfall during the months of January and February.
FCI is now also issuing its members with a permission form to allow them to carry out “essential mechanical hedge management services” during the closed period in 2021.
‘Responsibility of farm owner’
The contractor organisation is advising its members to have the permission form signed by their farmer clients and their farm advisors before carrying out any works on farm hedges, to give endorsement that the hedge management work is being carried out “in the ordinary course of agriculture or forestry”.
FCI said it believes that the interpretation of the term “in the ordinary course of agriculture or forestry” is the responsibility of the farm owner and his/her farm advisor when it comes to the farm management decision to instruct the operation of hedge maintenance machinery on farms.
Commenting, FCI chairman John Hughes said: “Farm contractors providing a mechanical hedge management service to their client farms cannot accept responsibility for that farm management decision to proceed with the hedge management work during the closed season.
We are advising our members to adhere to the Wildlife Act 2018 regulations and we are seeking that the onus of responsibility for interpretation of the term, ‘in the ordinary course of agriculture or forestry’ rests with farm owners and their respective advisors.
“The continuing high levels of rainfall has resulted in more flooding and poor conditions in many fields. This has severely impacted on the ability of farm contractors to provide hedge management services, to fulfil their annual hedge management work schedules for their client farmers,” he added.
“At the start of February, FCI sought a date extension until March 16 inclusive, for annual hedge maintenance work so that sustainable stock-proof fencing can be maintained while preserving bio-diverse habitats in Irish hedgerows.
“We believe that based on previous weather records, field conditions are highly likely to have improved enough to allow machines to travel safely in fields without undue damage.”
Clarity
FCI said it has sought more clarity on the term “in the ordinary course of agriculture or forestry” from the National Parks and Wildlife Services (NPWS) section of the Department of Housing, Local Government and Heritage, without success.
In these circumstances, the association said it will actively inform members of this restriction with information notes and text updates to ensure conformity with the extension date proposal.
FCI stated that the backlog of hedge management work to be completed at this stage is such as to “put the safe operating of hedge-cutting machinery at high risk when working against an unrealistic deadline of February 28, 2021”.
Hughes said: “The closed period of non weather-related deadlines is forcing hedge management farm contractors to work lengthy hours on land, during periods of short days and poor working conditions to meet an unrealistic calendar rather than seasonal-based biological deadlines.
“We are concerned that the delays already created by the poor weather conditions in January and February 2021 will result in additional health and safety risks to machinery operators and other road users.”