Feb 2023
Judge orders peat cutter to pay €7,700 after unlicensed peat extraction
The unlicensed peat cutting was done in Tullycross near Athlone, Co Westmeath, in 2022.
A peat operator has been ordered to pay a total of €7,789 between fines and costs after pleading guilty to cutting peat without a license near Athlone, Co Westmeath, last year. The operator pleaded guilty to cutting peat without the license needed to do so on three occasions around the dates of 5 May, 12 May and 21 July 2022. It was the Environmental Protection Agency (EPA) that brought the prosecution against the peat cutter. Peat was cut from a site at Blyry Lower, Tullycross, Co Westmeath, in the course of business involving an area larger than 50ha. The operator pleaded guilty to not holding a license or a revised license that would have allowed him to do this. Judge Owens convicted the male at Athlone District Court for the charges relating to the activities he pleaded guilty to carrying out in May and the unlicensed extraction that took place in July was taken into the judge’s consideration too in the ruling. He was ordered to pay fines totaling €3,000, while costs of €4,789 were also awarded.
Feb 2023
Offaly contractor fined €1,000 for cutting turf
Judge Elizabeth McGrath imposed a hefty fine on an Offaly man for the illegal extraction of turf from a raised bog.
https://www.farmersjournal.ie/offaly-contractor-fined-1-000-for-cutting-turf-749332
An Offaly turf cutting contractor has been fined for cutting turf in a protected natural heritage area of raised bog. Pat McEvoy (51) of Blackbull, Birr, Co Offaly, pleaded guilty to the offence at Nenagh District Court, Co Tipperary, on 9 February 2023 and was fined €1,000 by Judge Elizabeth McGrath. The case involved turf being extracted from the Monaincha/Ballaghmore natural heritage area of raised bog without consent, contrary to Section 19 of the Wildlife Amendment Act 2000. The bog spans counties Laois and Tipperary. Dec 2022 Harte Peat injunction The Court of Appeal has refused to pause a High Court order requiring a firm to cease wet peat extraction from parts of its midland bogs. Harte Peat Limited argued justice favoured suspending the order’s effects on a 26-hectare area of bogland until its full appeal against the High Court’s ruling has been determined. In May, the Environmental Protection Agency (EPA) secured an injunctive order against the company, after Ms Justice Siobhán Phelan found a “material and significant” breach of European Union environmental law due to a lack of planning permission, and an accompanying Environmental Impact Assessment (EIA), for the activities on some of the land. She ruled Harte Peat, which supplies its product to Irish mushroom growers, must cease unauthorised peat extraction at some areas west of Castlepollard, in Co Westmeath. https://www.breakingnews.ie/ireland/court-refuses-firms-attempt-to-lift-injunction-on-peat-extraction-1402099.html Nov 2022 Trials of turf cutters collapse in Galway 'There is no longer a prosecution against you and you are free to go,' the judge told both men. Ann Lucey reports. https://www.farmersjournal.ie/trials-of-turf-cutters-collapse-in-galway-732521 The separate trials of two turf-cutters, charged with cutting turf on protected bogland in east Galway nine years ago, collapsed on Wednesday 2 November at Galway Circuit Criminal Court when the State decided not to prosecute them. Patrick Lavin, from Mullen, Frenchpark, Co Roscommon, and Thomas Ward, from Gort an tSléibhe, Claregalway, Co Galway, had always indicated since first being brought before the courts in 2015 that they would be pleading not guilty to a charge of cutting turf on a protected bog near Ballymoe on the Galway-Roscommon border on 28 June 2013.“It is not the intention of the prosecution to call any evidence and I’m instructed to enter a 'nolle prosequi' in both cases. A jury for both will no longer be required,” Mr Conall MacCarthy, prosecuting counsel for the State, informed the packed courtroom. Sept 2022 Commission orders Ireland to ban turf cutting on some designated lands In an opinion, the European Commission has called on turf cutting to be banned on Natura 2000 land in Ireland. https://www.farmersjournal.ie/commission-orders-ireland-to-ban-turf-cutting-on-some-designated-lands-725921 The European Commission has called on Ireland to ban turf cutting on Natura 2000 lands which are designated under special areas of conservation (SACs) to conserve raised and blanket bogs. The Irish authorities have taken action to stop cutting, including by compensating peat and turf cutters, the Commission said in an opinion issued on Thursday. “However, cutting activities are still ongoing and enforcement action appears to have stalled." Oct 2022 Online advertising and retail sales banned from Oct 2022 The change bans turf sales from retail premises, as well as the advertising of turf. https://www.farmersjournal.ie/turf-online-advertising-and-retail-sales-banned-from-today-731453 Jan 2022 EPA vs Harte Peat Ltd: EPA seeks injunction to stop peat extraction https://www.thejournal.ie/epa-harte-peat-court-5650374-Jan2022/ July 2020 5,000 fine for landowner for illegal turf-cutting High Court order obtained to stop trespass and dumping on National Heritage Area in Westmeath. https://www.farmersjournal.ie/5-000-fine-for-landowner-for-illegal-turf-cutting-559149 A fine in the region of €5,000 was imposed on a landowner for illegal turf-cutting on a protected area in Westmeath. The incident occurred in 2019. Minister of state with responsibility for heritage Malcolm Noonan has said that his Department instigated the “prosecution proceedings through the district court arising from unlawful turf-cutting” at Milltownpass Bog in Co Westmeath, which is protected as a Natural Heritage Area. "Incidents such as this of dumping, trespass and environmental damage which occur on protected sites [Special Areas of Conservation, Special Protection Areas and Natural Heritage Areas] need to be dealt with, and if necessary through the courts, in order to protect such sites,” he said. “My Department, as result of serious and ongoing dumping, trespass and environmental damage to Milltownpass Bog NHA, Co Westmeath, was recently obliged, in furtherance of its obligations under the Wildlife Acts, to obtain an order of the High Court in order to have these activities stopped and to prevent further damage to the NHA. Feb 2020 'A great day for rural Ireland' – turf-cutting trial collapses Outside on the steps of Galway courthouse, the four turf cutters vowed they would be back cutting turf on the bogs in east Galway next month – weather permitting https://www.farmersjournal.ie/a-great-day-for-rural-ireland-turf-cutting-trial-collapses-528614 The men were initially charged in 2013 with using machinery to cut turf on three protected bogs in the Woodford and Portumna areas of east Galway in 2012. They were brought before Galway Circuit Criminal Court in 2013 for trial but the matter was adjourned then and on numerous occasions in the intervening years as the constitutionality of the charges brought against them and fellow turf-cutters in Kerry under EU laws, were tested in the courts. The Supreme Court ruled last year that the prosecutions were constitutional and that the men’s trials could go ahead. The trial of the Galway turf-cutters was then listed for hearing before a jury at Galway Circuit Criminal Court this week. However, moments after the trial opened on Tuesday, Judge Rory McCabe directed the jury to return a verdict of “not guilty by direction of the trial judge” after the State conceded it could offer no evidence because a crucial prosecution witness was in Australia. Anthony Porter (51), Bauntia, Woodford, pleaded not guilty to a single charge of using machinery on an EU site to extract turf or peat at Clonco bog, Woodford, on 21 August 2012, which would affect the integrity of the site in contravention of the European Communities (Birds and Habitats) Regulations 2011. Co-accused, Michael Darcy (50), Ballycahill, Killimor, Ballinasloe, pleaded not guilty to cutting turf on protected bog at Derryvunlan, Portumana on 23 May 2012. He also denied and second charge of cutting turf on Clonmoylan bog near Killimor on 22 May 2012. Pat McDonagh (49), from Killeen, Ballyshrule, Ballinasloe, pleaded not guilty to cutting turf on 21 August 2012 at Clonco bog, Woodford. His colleague, Padraic Byrne (64), Killimor, Ballinasloe, also denied cutting turf at Clonmoylan bog on 22 May 2012 and again at Derryvunlan bog the following day. Judge McCabe told the jury panel earlier he had been told the trial would not be proceeding but he was required to follow the correct procedure and empanel a jury. After a jury was empanelled, Galway east state solicitor, Geri Silke, intimated there was a problem with a crucial State witness and she was not in a position to offer any evidence. Judge McCabe then directed the jury to find the four accused not guilty. Mr Gearoid Geraghty, solicitor, who represented the men, said: “It’s been incredibly stressful for the men and their families. These are ordinary, country people and they have been here now on 14 separate occasions awaiting trial" July 2019 Westland Peat ceases peat extraction One of the island’s largest peat operators has ceased harvesting following a High Court ruling to temporarily suspend new regulations to remove large-scale extraction from the planning regime. Westland Peat Limited, a multi-million euro gardening company, today confirmed that it has not harvested any peat since Tuesday’s High Court decision by Mr Justice Garrett Simons. The Tyrone-based company that started out selling compost is engaged in commercial peat extraction at several locations in Co Westmeath that total up to around 270 hectares. At present, projects of 30 hectares (ha) or more are subject to enforcement oversight under the planning regime, with additional regulation from the Environmental Protection Agency (EPA) where the area of activity goes above 50ha. In January, however, the Minister for Planning Eoghan Murphy TD published new regulations to exempt large-scale projects over 30ha, such as Westland’s, from any requirement to obtain planning permission. Further secondary legislation brought by the Minister for the Environment Richard Bruton TD would lower the threshold for EPA licensing to 30ha. However, this change will not occur for at least 18 months for unlicensed activities and 36 months for licensed activities. To date, Westland does not have either planning permission or an EPA license.Peat giant halts harvesting following High Court rulingJuly 2019 Legal ban on enforcement action over unlicensed peat extraction lifted by court Friends of the Irish Environment had argued January 2019 regulations gave large scale projects an ‘enforcement holiday’ Mr Justice Garrett Simons granted an injunction suspending the coming into effect of regulations which exempt, for at least 18 months, large scale peat extraction projects from the provisions of domestic laws implementing two European environmental directives. https://www.irishtimes.com/news/crime-and-law/courts/high-court/legal-ban-on-enforcement-action-over-unlicensed-peat-extraction-lifted-by-court-1.3964858
However difficult it is to swallow the abandonment of cases and the paltry fines, at least the tide has turned and what was common practice is now illegal and subject to at least some prosecution. A big well done to Andrew Jackson, Caroline Lewis, and all those at FIE who worked on this in Ireland and in Brussels for more than 10 years.