A farmer has been ordered to pay over €9,300 in penalties for the destruction of 10 acres of an “extremely rare and unique” limestone pavement habitat within a Special Area of Conservation (SAC) on the periphery of the Burren in Co Clare.
At Ennis District Court on Tuesday, Judge Adrian Harris recorded a conviction against Galway farmer Martin Feeney, stating that 10 acres of limestone habitat were destroyed as a result of his actions.
Mr. Feeney, of Mincloon, Rahoon, Galway, pleaded guilty to two offences related to the adverse impact on the limestone pavement. Judge Harris imposed fines totaling €3,000 and costs of €6,307.
Helen Carty, Regional Manager with the National Parks and Wildlife Service (NPWS), told the court that 4.3 hectares (10.6 acres) of limestone pavement had been impacted by reclamation works for agriculture carried out by Mr. Feeney between March and August 2022.
Ms. Carty emphasized that limestone pavement is an “extremely rare and unique habitat,” listed as a priority habitat under the Habitats Directive due to its risk of disappearance. She noted that any loss of priority habitat is significant.
The affected lands are located within the Moyree River system SAC, one of five SACs in the Burren, situated on its periphery.
According to Ms. Carty, Mr. Feeney undertook reclamation works by removing limestone pavement blocks and infilling the area with material sourced from a nearby drumlin on the lands. The area was then re-seeded for approved agricultural grassland.
The works involved leveling infill material over the limestone pavement habitat. Additionally, Ms. Carty stated that a wall was constructed from very large limestone boulders, likely sourced from the SAC in the vicinity.
To assess the damage, Ms. Carty conducted a helicopter survey of the area, providing before-and-after satellite images as evidence in court.
She also detailed a January 2024 site visit to Mr. Feeney’s farmyard, which required assistance from two gardai due to Mr. Feeney’s uncooperative behavior.
Counsel for Mr. Feeney, Evan O’Donnell BL, acknowledged the State’s evidence and confirmed that his client accepts responsibility for his actions. Mr. O’Donnell requested that no conviction be imposed, highlighting that Mr. Feeney has farmed the lands since the late 1980s.
He also noted that Mr. Feeney was previously subject to a prosecution by the NPWS in 2008, which was later withdrawn. Mr. Feeney believed that the reclamation works he carried out were lawful and that they were not impacting limestone pavement.
Mr. O’Donnell mentioned that substantial areas of limestone pavement on Mr. Feeney’s landholding remain untouched.
Furthermore, he revealed that Mr. Feeney was recently hospitalized, including a period in intensive care, after being struck by a cow.
Mr. O’Donnell added that Mr. Feeney is retiring from farming, with his daughter set to take over the farming activities. He expressed that Mr. Feeney is eager to resolve the matter and is willing to make a charitable contribution in lieu of a conviction.
Representing the State, Thomas Wallace O’Donnell BL, instructed by the State Solicitor for Clare, Aisling Casey, emphasized the importance of a conviction being recorded in this case.
Mr. Feeney pleaded guilty to carrying out works on the lands between March 26th, 2022, and August 10th, 2022, within a SAC without the consent of the Minister. He also pleaded guilty to bringing plant machinery onto a SAC, adversely impacting its integrity.
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*This case highlights the serious consequences of damaging protected habitats and serves as a reminder of the importance of adhering to environmental regulations.*
https://www.breakingnews.ie/ireland/judge-fines-galway-farmer-over-e9300-for-destruction-of-rare-limestone-pavement-1810114.html
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