A Sligo man is to make a donation of €25,000 to local charities after appearing in court charged with wildlife offences.
At a sitting of Naas District Court, Co. Kildare this month, (December 2), Declan Hallinan, with an address at Carrownedin House, Enniscrone, Co. Sligo, pleaded guilty to three offences under the Wildlife Acts.
Hallinan was given the Probation of Offenders Act 1907 (Probation Act) for damage to a hedgerow and vegetation during the closed season contrary to Section 40 of the Wildlife Acts.
The case was taken by the National Parks and Wildlife Service (NPWS) of the Department of Housing, Local Government and Heritage.
It was prosecuted by barrister Helen Johnson, instructed by state solicitor for Kildare North / West, Sharon Murphy on behalf of the Minister for Housing, Local Government and Heritage.
Wildlife offences
Following an investigation by the NPWS, it was found that wildlife habitats had been unlawfully destroyed in Pitchersford Town, Kilcock, Co. Kildare.
The investigation revealed damage of 300m of hedgerow, including the removal of vegetation, contrary to protections afforded by the Wildlife Acts.
The court heard that to mitigate the damage, 500 native trees were planted, and protective fencing installed.
Declan Hallinan must donate €25,000 to various local charities including a local national school for conservation education.
Section 40 of the Wildlife Act 1976 prohibits the cutting, grubbing, burning or other destruction of vegetation growing on “any land not then cultivated” between March 1 and August 31, annually.
This is to protect bird life during the nesting season, to help prevent forest fires, and to protect vegetation and wildlife habitats during the months of growth and reproduction.
The legislation allows for some limited exemptions. For business, landowners and the general public the most notable of these exemptions are:
- The destruction, in the ordinary course of agriculture or forestry, of any vegetation growing on or in any hedge or ditch;
- The clearance of vegetation in the course of road or other construction works or in the development or preparation of sites on which any building or other structure is intended to be provided;
- The felling, cutting, lopping, trimming or removal of a tree, shrub, hedge or other vegetation pursuant to section 70 of the Roads Act 1993.
Other environmental cases taken
Separately, Inland Fisheries Ireland (IFI) last month secured a conviction against a landowner for dredging salmon and trout spawning beds in Co. Kerry.
Michael O’Shea of Bunaderreen north, Mastergeehy, Killarney, Co. Kerry was found to have removed spawning gravels over a 270m stretch of Kealadwneen stream – a tributary of the River Inny – and lowered the channel bed by up to 0.5m.
He also removed trees and vegetation along the stream bank, which IFI said compounded the harm done to the sensitive habitat.
The incident took place at Bunaderreen and Kealafreaghane West, Mastergeehy, Co. Kerry. O’Shea was given a fine of €750, and was also ordered to pay costs/expenses of €1,260 to IFI.