Irish minister calls on the public to protect birds as nesting season approaches

The bird nesting season for our garden and countryside birds is almost upon us. During this time wildlife, notably birds, will begin constructing their homes and bringing new life into their habitats.

The Irish Minister for Nature, Heritage and Biodiversity, Christopher O’Sullivan TD has this week called on the public to protect our birds and nature as the Spring season begins.

Minister O’Sullivan said: “At this time of year we all love to hear and see our birds as they go about building their nests, finding a mate, preparing to breed and fledge their chicks. Hedgerows are a unique feature of the Irish landscape, playing an important role in biodiversity, agriculture, and cultural heritage.

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“Good quality hedgerows are especially important to provide food and shelter for our birds and protect their nests and eggs from predators. By protecting our hedgerows, we are ensuring that our most precious birds and wildlife are protected at a time when they are at their most vulnerable.”

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Under Section 40 of the Wildlife Act 1976 the cutting, grubbing, burning or other destruction of “vegetation growing in any hedge or ditch” between 1st March and 31st August is prohibited to safeguard nesting birds and other wildlife during their critical breeding season.

Irish legislation recognises that there may be some circumstances when hedge cutting is required for specific and important reasons.

These exemptions from the restricted hedge cutting season only apply in a limited range of circumstances. Hedge cutting may be allowed to ensure public safety, such as preventing obstruction of public roads or maintaining sightlines at junctions.

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There is no exemption to the burning of vegetation during the closed/restricted season (March 1st to 31 August).

Whilst there are exemptions that exist that permit hedge cutting to take place during the closed/restricted season, it is still an offence under Section 22 of the Wildlife Act 1976 to wilfully destroy, injure, or mutilate the eggs or nest of a wild bird or to wilfully disturb a wild bird on or near a nest containing eggs or un-flown young birds at any time of the year.

It is strongly advised that works take place outside the nesting season. If works must take place when nesting birds may be present, it will be necessary to carry out checks for nests and breeding birds prior to such works being undertaken.

Niall Ó Donnchú, NPWS Director General said: “Tús maith leath na hoibre. A good spring sets our wildlife up for a great year. This is the time of year in nature for regrowth, birth and renewal.

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“Members of the public, landowners and farmers are key partners for us in our nature protection work. And we know that we can rely on that partnership for nature.

“As ever, we appeal to the public and landowners to be aware of their obligations under Section 40 of the Wildlife Act and to take the necessary precautions to protect our wildlife. Your hedgerow is their home.

“Breaches of the Wildlife Act constitute a wildlife crime, and evidence of deliberate damage will be investigated and may result in prosecution.”

In 2024 NPWS initiated 13 prosecution cases for alleged offences under Section 40 of the Wildlife Act and have successfully prosecuted many others in previous years.

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