Page 47 - Council Journal Winter 2019

Landowners and occupiers of lands have a responsibility - which is set out in law - to take all reasonable care to ensure that the trees, hedges and other vegetation growing on their lands are not or shall not become a danger to people using or working on a public road (Section 70 of the 1993 Roads Act). However, this does not mean that healthy trees need to be removed. Carrying out a tree survey will identify trees that require removal or surgery and will ensure that healthy trees are retained in a safe and cost-effective way.
to 31 August.
The destruction or burning of vegetation restrictions under Section 40 applies not only to private land-users but also to local authorities, public bodies and to contractors. Although there are limited exemptions to the above restrictions because of public health and safety for a statutory body, it is nevertheless the NPWS policy to prosecute where there is a breach of the law. Where the vegetation is supporting active bird nests and or bat roosts a separate licence is required from the NPWS.
The local NPWS Wildlife Conservation Rangers are available to advice on the wildlife importance of trees and woodlands.
Habitats Directive, a derogation licence may also be required where tree removal could lead to the disturbance or interference with, for example, a nesting bird. In this case, the NPWS should be consulted - https://www.npws.ie/sites/ default/files/general/circular- npws-2-07-reg-23-compliance. pdf
Fig. 1: A tree-lined trail, Co. Clare
FEATURE Benefits of Tree Retention, Protection and Legislation
Landowners and occupiers should also be aware of the following:
3. County Development Plans often contain sections on woodland and tree conservation as well as protection and management. In addition, there are a lot of guidelines, standards and publications available on good practice for tree assessment and management such as BS 3998:1989 Recommendations for Tree Work (http://www. treesource.co.uk/bs- 3998%3A2010-tree-work--- recommendations-a-concise- guide~4513), trees and the law (https://treecouncil.ie/tree- advice/trees-law/) and hedgerow management (http:// www.woodlandsofireland.com/ sites/default/files/hedgerow- survey.pdf ).
1. The NPWS of the Department of Culture, Heritage and the Gaeltacht is responsible for the enforcement of the Wildlife Acts of 1976-2018 and the Habitats Directive (Council Directive 92/43/EEC on the Conservation of natural habitats and of wild fauna and flora). Under Section 40 of the Wildlife Act 1976 as amended by the Wildlife (Amendment) Act 2000 and the Heritage Act 2018, it is an offence to cause the destruction or burning of vegetation on uncultivated land during the nesting and breeding season for birds and wildlife, from 1 March
2. Trees can also be located within environmentally designated sites, designated under Irish and European Union legislation, such as Natura 2000 sites. In these cases, an Appropriate Assessment may be required, for example within or adjacent to a Special Area of Conservation (SAC) where species of qualifying interest occur such as birds, bats and other mammals. Under the
Council Journal 47