At a recent sitting of Macroom District Court, Judge James McNulty issued fines totalling €4,000 on two neighbouring landowners from Donoughmore, Co. Cork for hedgerow destruction, contrary to the provisions of the Wildlife Act.
According to the Department of Housing, Local Government and Heritage, the court heard that an investigating conservation ranger of the National Parks and Wildlife Service (NPWS) received a report of hedgerow destruction from a member of the public.
The ranger went to lands at Kilmartin Lower, Donoughmore, Co. Cork on August 6, 2020.
He established that the owners of the lands were Brian McSweeney of Monnatagart, Donoughmore, Co. Cork and his neighbour Aidan O’Shea of Kilmartin Lower, also of Donoughmore.
The investigation carried out by the Conservation Ranger determined that over 1,000m of hedgerow, including a number of mature trees, on McSweeney’s land and 170m of hedgerow on O’Shea’s land had been completely removed.
Hedgerow case
The case was taken by the NPWS and was prosecuted by barrister Brendan Kelly and John Brosnan, state solicitor of John Brosnan & Co. Solicitors, Youghal, Co. Cork on behalf of the Minister for Housing, Local Government and Heritage.
The charges related to what Judge McNulty characterised in court as “the serious destruction of hedgerows which was both extensive and total”.
Section 40 of the Wildlife Act prohibits the cutting, grubbing or destruction of hedgerows during the period from March 1 to August 31.
The department has said that it is aimed, not only at protecting the habitat most used by farmland birds during the critical time that birds are nesting and rearing fledglings, but also to protect the wide ranging biodiversity from wildflowers to insects that occupy this farmland habitat.
Judge’s comments
Judge McNulty told the two farmers that they should be aware of the law in relation to hedgerow management, and that the work was done at a time when such work was prohibited.
He further said that carrying out such work “showed no respect for nature and no respect for the law”.
The charges, to which the two farmers pleaded guilty, included the use of a track machine to carry out the destruction of the hedgerow, which is an offence under section 69 of the Wildlife Act.
The court heard that McSweeney, when being questioned by the conservation ranger, refused to answer questions about the details of where the destroyed hedgerows had previously occurred, and suggested that the ranger should determine this from satellite imagery.
This was the course of action subsequently followed by the ranger which led to the determination of the extent of the removed hedgerow at 1,287m.
The court also heard that O’Shea did cooperate with the investigation and indicated the areas from where 170m of hedgerow was removed on his lands.
The lack of cooperation by McSweeney was noted by Judge McNulty when applying the penalty when he fined him €3,000. O’Shea had a fine of €1,000 imposed for his offence.
The judge noted that landowners considering doing work on hedgerows or areas of scrub, including burning of areas, should be aware of the law.
He added that they should also be aware of the risks to their Basic Farm Payment incomes, as it is a condition of such payments that the provisions of the Wildlife Act in relation to hedgerows are adhered to.
This is the second such case of hedgerow destruction highlighted by the department recently.