AQW 7787/09

Mrs Naomi Long
Alliance Party
East Belfast

Tabled Date: 15/05/2009
Answered On Date: 28/05/2009
Priority Written: No

Question:
To ask the Minister of the Environment, pursuant to AQW 7463/09, whether any sanctions exist to control or monitor tree cutting and hedge trimming during the nesting period in line with guidance from the Department of Agriculture and Rural Development; and for an assessment of the benefits of such controls.

Answer:

Under the terms of the Wildlife (Northern Ireland) Order 1985 it is an offence to take, damage or destroy the nests of any wild birds while the nest is in use or being built. Any tree cutting or hedge trimming activity carried out during this time that can be proven to have damaged or destroyed a nest is potentially an offence and the PSNI can pursue a prosecution.

If the prosecution is upheld by the court, the Magistrate can levy a fine of up to £5,000 per offence and award costs against the guilty party.

All farmers in receipt of direct agricultural support must ensure that hedge cutting/coppicing or laying is not undertaken between 1 March and 31 August. Hedge cutting between these dates is only permitted where health and safety is an issue, for example roadside hedges. This is to avoid damaging birds, nests or chicks and complies with the Wildlife Order.

Each year farms are inspected to ensure compliance with the above condition. During 2008, 25 financial penalties were applied to Single Farm Payment in respect of either hedge cutting during the bird nesting season or field boundary removal without permission.