Heritage Act 2018

Destruction or burning of vegetation on uncultivated land

7. (1) Notwithstanding section 40 (as amended by the Inland Fisheries Act 2010 ) of the Act of 1976, the Minister may make regulations, in relation to land referred to in that section, to allow the burning of vegetation during such period or periods during the month of March of such year in such part or parts of the State as specified in the regulations, subject to such conditions or restrictions specified in the regulations to ensure the protection of fauna or flora.

(2) Notwithstanding section 40 of the Act of 1976, the Minister may make regulations, in relation to land referred to in that section, to allow the cutting of vegetation growing in any hedge or ditch on the roadside during the month of August of such year as is specified in the regulations, subject to such conditions or restrictions specified in the regulations in relation to hedgerow husbandry, management or maintenance to ensure the protection of fauna or flora.

(3) A person to whom regulations under this section apply, or acting on behalf of such person, who does anything in contravention of the regulations commits an offence.

(4) (a) Subject to paragraph (b), this section remains in force until the expiration of 2 years from the date of the passing of this Act and then shall expire.

(b) This section may be continued in force from time to time by a resolution of each House of the Oireachtas, passed before its expiry, for such further period not to exceed 3 years as is specified in the resolution.

(5) In this section “fauna or flora” means fauna and flora protected under Chapter III of Part II of the Act of 1976.