Judge warns public to be aware of hedgerow cutting ban in bird nesting season

Two Tipperary men who admitted the destruction of vegetation growing in a hedge during the bird nesting season have been fined at Nenagh District Court.

Judge Cormac Dunne fined the landowner €750 under Section 69 of the Wildlife Acts for procuring an offence under Section 40 of the Wildlife Acts. The judge also fined the contractor €1000 for an offence under Section 40 of the Wildlife Acts. In addition, both men were ordered to pay the legal costs of €1,200 plus VAT each.

The offence involved the destruction of vegetation growing in a hedge in and around April 10, 2019 during the bird nesting season at Tiermoyle, Nenagh, Co Tipperary.

The case was taken by the National Parks and Wildlife Service (NPWS) which is under the remit of the Department of Culture, Heritage and the Gaelthacht.

The Judge, giving regard to other cases of this type which had come before him, classified the destruction as in the top middle of damage.

In awarding the penalties the Judge stated he could not take ignorance of the law into account in reducing the penalties and noted that the public in general were very aware of environmental matters.

Judge Dunne stated that the contractor should have been able to advise the landowner that this work was not permitted during the bird nest season.