Man Found Guilty and Convicted under Section 40 of the Wildlife Acts
Department’s National Parks and Wildlife Service takes case
In a case taken by the National Parks & Wildlife Service (NPWS), which is under the remit of the Department of Culture, Heritage and the Gaeltacht, a man was convicted on 13 June 2019 of an offence under Section 40 of the Wildlife Acts.
The offence involved the destruction of vegetation growing in a hedge on 21 May 2018 during the bird nesting season at Lisbunny, Nenagh, County Tipperary.
Conservation Ranger, Dr. Aine Lynch, of the NPWS presented evidence at Nenagh District Court which showed that just under 1.5 Km of hedgerow vegetation had been severely cut back with a further 137m completely removed during the bird nesting season (between March 1 and August 31). She explained that this was at the height of the bird breeding season and that any eggs or feeding chicks in the hedge would have been destroyed or exposed.
The defendant’s case was that he had removed the hedgerow vegetation prior to March 1. However, photographs were presented to the Court showing freshly disturbed ground with the removed trees and shrub in leaf or blossom.
The judge stated that the evidence given by Dr. Lynch was compelling and that, from the photographs showing vegetation clearly in leaf, the works could not have been carried out in February and that the State had clearly proven its case.
Judge McGrath convicted and fined the defendant €1000 on the charge.