5.—(1) Except with the prior written approval of the Department, a farmer shall not permit:
(a)the removal of any dry stone wall, hedge or earthbank;
(b)the infilling of any open sheugh or ditch; or
(c)the laying of a drainage pipe in any open sheugh or ditch.
(2) Without prejudice to sub-paragraph 1(a), where a tree is growing in a hedge removal of such tree is permitted without obtaining the prior written approval of the Department where:
(a)its removal is necessary for reasons of human health or public safety; or
(b)the tree is used for timber, provided that a sapling replaces the tree in the hedge within a reasonable time.
(3) A requirement to obtain the prior written approval of the Department at sub-paragraph 1(b) or (c) shall not be necessary in the case of a permanently dry sheugh or ditch or to field boundaries marking the boundary of non agricultural land.
(4) A farmer shall not permit the carrying out of hedge, tree or scrub cutting (including trimming, coppicing, and laying) between the 1st March and 31st August, except where this is necessary for reasons of human health or public safety.]
Textual Amendments