A Kilkenny farmer has been fined €1,250 and ordered to pay costs of €735 for the removal of 400m of mature hedgerow during bird nesting season.

Mr Brendan Phelan, Rathbane, Galmoy, Co Kilkenny, pleaded guilty to one offence under the Wildlife Act 1976 on Tuesday 19 October at Thurles District Court.

The offence took place on lands at Rathbane, Co Kilkenny, between 1 April and 8 April 2020 and related to the removal of 400m of mature hedgerow in order to make room for an internal farm roadway.

The case was taken by the National Parks and Wildlife Service (NPWS) of the Department of Housing, Local Government and Heritage and prosecuted by Mr Gerard Meaney of the Chief State Solicitor’s office and barrister Mr Rory Hanniffy.

Complaint

NPWS conservation ranger Jimi Conroy told Judge Elizabeth McGrath that on the 8 April 2020, he arrived in Rathbane to investigate a complaint that a line of hedgerow had been destroyed.

On the day of the investigation, he uncovered evidence that 400m of hedgerow had been removed and that the operation was ongoing. Mr Conroy said he advised Mr Phelan to halt the works immediately and Mr Phelan complied.

Admission

Reflecting on the reasons for his prosecution during the hearing, Mr Phelan said that it was the wrong time of the year to be carrying out this type of work as it was during the bird nesting season.

Judge McGrath told Mr Phelan that hedgerows were very important for bird life and also supported much biodiversity.

In considering her judgement, Judge McGrath took into account Mr Phelan’s early guilty plea before convicting him for offences under Section 40 of the Wildlife Act 1976.

Mr Phelan was fined €1,250 and ordered to pay costs of €735.