Minister O’Sullivan calls on the public to protect our birds as nesting season approaches

• Nesting Season (March 1st to August 31st) is a critical time for birds and wildlife as they prepare to breed

• Hedgerows provide both food and shelter for our birds and wildlife. Legislation prohibits damage to hedgerows from the beginning of March until the end of August, with limited exemptions.

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. Minister for Nature, Heritage and Biodiversity, Christopher O’Sullivan T.D. has today (February 26th 2025) 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. 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.”

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.

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. 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.

Further Information 

A consolidated version of the Wildlife Act 1976 , is available on the Law Reform Commission’s website, under “Revised Acts” here

The Wildlife Act 1976: Section 40 of the Act prohibits the cutting, grubbing, burning or other destruction of vegetation growing on “any land not then cultivated” between 1 March and 31 August annually.

The legislation allows for some exemptions. For businesses, 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. In the Act, “agriculture” is defined as including horticulture. Since horticulture includes gardening, the summertime trimming of hedges in the ordinary course of gardening falls under this exemption

• 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

According to Section 22 of the Wildlife Act it is also a criminal offence 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.