26th September 2018, hearing to hear the Appeal of [redacted] against the inclusion of lands in Lough Corrib SAC (Site Code: 000297)
Members of Board redacted apart from the following:
Maryellen Sacco Power, Secretary
Rebecca Teasdale, Conservation Ranger, NPWS
“Board is advisory in capacity and makes a recommendation to the Minister on an ecological and scientific basis and that they are unable to consider planning permission or monetary value”
“The Secretary pointed out that the Board have no say in planning permission and clarified that the recommendation would remain the same”
Appointment of Chairperson – Designated Areas Appeals Advisory Board (DAAAB) for SACs and NHAs
Date Released: Tuesday, July 4, 2017
Heather Humphreys, T.D. Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs has appointed Mr. Denis Daly as Chairperson for the Designated Areas Appeals Advisory Board (DAAAB) for SACs and NHAs following an assessment of applications received for the recently advertised position.
The DAAAB makes recommendations to the Minister in cases where landowners/users object to the inclusion of their land in Special Areas of Conservation (SACs) or Natural Heritage Areas (NHAs). It is independent of the Department and reports directly to the Minister. The DAAAB was previously Chaired by Mr. Sean Duignan who retired from the position.
Mr. Daly was selected from a list of applicants assessed using the following criteria: candidate’s background, communication skills, experience as a Chairperson, availability and any conflicts of interest that might arise.
From Kiskeam in North Cork, Denis Daly is a practising barrister.
DAAAB Board
The Designated Areas Appeals Advisory Board (DAAAB) is comprised of:- A Chairperson: Mr Denis Daly for appeals against Special Areas of Conservation (SACs) and Natural Heritage Areas (NHAs) or Ms Ciana Campbell for appeals against Special Protection Areas (SPAs) – and a representative balance of the competing interests involved which are as follows :- Two people will participate from each of the following panels;
Landowners/Users Panel: as represented by the Irish Farmers Association, the Irish Creamery Milk Suppliers Association and the Irish Business and Employers Confederation
Conservation Organisations Panel: Nominated by the Environmental Pillar, drawn from organisations participating in the Pillar. Frequent representatives are from organisations such as BirdWatch Ireland, Coastwatch Ireland and the Irish Peatland Conservation Council.
A quorum consists of the Chairperson and two Advisory Board nominees, one member should be from each of the aforementioned Panels. The actual Board members who will be present at a specific appeal would be confirmed when the details and nature of the appeal(s) are known and the hearing is being scheduled. Considerations would be given to the type of land under appeal, availability of individual Board members, the appellants, their ecologists and the number of appeals being heard at each meeting.
The only permanent members of the DAAAB are the chairpersons.
The landowners/users panel has been represented by the IFA and ICMSA for a number of years, the persons representing can change depending on availability and their organisations nomination. The most recent nominations were Pat Dunne, Eamonn Nee and Tom Turley from IFA and Denis Drennan, Patrick Rohan and John O’Donnell from the ICMSA.
The Conservation panel of the board is nominated by the IEN depending on the appeal being considered. The IEN have nominated people from Birdwatch Ireland, the Irish Peatland Conservation Council and Coastwatch Ireland within the last few years.
Regular nominations by the Environmental Pillar have been Ralph Sheppard and John Cromie from Birdwatch Ireland, Karin Dubsky from Coastwatch and Tristram Whyte from the Irish Peatland Conservation Council.
None of these people are full members of the Board and attendance would be based on availability, the area under appeal and nomination by the Environmental Pillar.
Fintan Kelly, Alex Copeland, Ralph Sheppard, Karin Dubsky, Tristram Whyte and John Cromie have all been nominated by the IEN in the years 2017 to date.
Notes
Eamonn Nee, Galway IFA Hill Farming Chairman
Pat Dunne, IFA Hill Committee Chairman
Tom Turley, IFA Connacht regional chair
Denis Drennan, ICMSA Deputy President
Patrick Rohan, ICMSA’s Farm and Rural Affairs Committee, non-executive director of Kerry Group
Karin Dubsky, marine ecologist, co-founder of Coastwatch Europe,
Part 4. Of AIE-054/23
Details of the number of appeals heard by the Board and the outcome of each appeal from 2017 to 2023 (to date), to include details of the area that was subject to appeal.
The following are the number of appeals heard by the Designated Areas Appeals Advisory Appeals Board (DAAAB), the outcomes of those appeals and area from 2017 to date.
In 2017: One unsuccessful appeal in respect of SPA 004039. Two successful appeals in respect of SPA 004149. One appeal which was withdrawn in respect of SPA 004181. One was unsuccessful and three were partially successful in respect of SAC 001625. One unsuccessful appeal in respect of SAC 000709. Five unsuccessful and four partially successful appeals in respect of SAC 000297. One unsuccessful appeal in respect of NHA 000122.
In 2018: One Partially successful appeal in respect of NHA 002431. Two partially successful and one appeal withdrawn in respect of SAC 000297. One partially successful appeal in respect of NHA 002364. One successful, seven partially successful and three unsuccessful appeals in respect of SPA 004149.
2019: One successful and three unsuccessful appeals in respect of SPA 004149. One successful appeal in respect of SAC 000297. One partially successful appeal in respect of NHA 002364.
2020: No appeals heard by the Board.
2021: two partially successful appeals in respect of SAC 002158.
Access to information held by the Department of Housing, Local Government and Heritage relating to: all correspondence (including with operators, the EPA or Westmeath Co. Co.), inspector reports, including any photos/videos, maps, interview transcripts and other materials related to peat extraction within or adjacent to Milltownpass Bog Natural Heritage Area in the period 2021 to 2023
Under the AIE Regs to request a list of the sites noted in the following EU case C-444/21
1) 217 sites
2) 140 sites
For each site, please include name and location of the site
By its first two complaints, the Commission asks the Court to declare that Ireland has infringed Article 4(4) of the Habitats Directive, first, by failing to designate a number of sites on its territory as SACs (217 out of the 423 SCIs), and, second, by failing to set site-specific detailed conservation objectives for certain sites (140 out of the 423 SCIs).
OPINION OF ADVOCATE GENERAL ĆAPETA delivered on 9 February 2023 Case C‑444/21 European Commission v Ireland
Tender for a desk study to update GIS data, and a number of related tasks, on the scale and impact levels of peat-cutting in blanket bog SACs designated to protect blanket bog and associated habitats, in Ireland.
This work will inform regulatory system for peat extraction on blanket bogs in such sites.
1.2 Background and Summary of Requirements Increased knowledge on the rate of loss and damage to rare and threatened habitats and species is reflected in legislation to protect these natural resources in particular the EU Habitats, Birds and EIA Directives and the Wildlife Acts (1976) and Amendments (2000).
One of these habitats is blanket bog which, according to the survey of Hammond (1979), once covered an estimated 773,860 ha in Ireland and despite, large scale losses, is still our most extensive peatland habitat. Ireland also has particular responsibility for blanket bog as it holds (along with Scotland, Norway and NW Spain) a significant proportion of the global resource and the largest remaining resource of, Atlantic blanket bog, a hyper-oceanic bog type.
Ireland is also now the only EU country with lowland blanket bog habitat. Under the EU Habitats Directive 55 Special Areas of Conservation (SACs) have been designated as SAC for the protection of blanket bog.
The work entails provision of an update (based on interpretation of recent aerial imagery) of GIS data and site summary reports of 2015 review of blanket bog SACs (Table 1 in RFT) and to apply original review method and update to 5 additional blanket bog SACs (Table 2) and to analyse trends in peat-cutting.
A critical review of draft turbary management zoning and overview reports (from earlier review of 10 SACs (Table 4 in RFT) is also required to consider improvements if needed in approach to inform how draft provisional /indicative management zoning should be applied (and to apply this) to remaining SACs (and if needed to update same for those 10 SACs) using imagery review results with key biodiversity data.
Year 3 of the scientific work to inform a system for the management of turf-cutting in designated blanket bog SACs and NHAs:Applying Provisional Management Zones VOLUME 1 – SECOND DRAFT (Version 02a)
Simon J. Barron, Botanical, Environmental and Conservation Consultants Ltd., (BEC Consultants)
February 2018. Prepared for the Department of Culture, Heritage and the Gaeltacht
Under the AIE Regs to request any records in relation to NPWS enforcement actions / inspections / inspectors site notes / related correspondence for water abstraction within SACs for potato farming / processing in Kilkenny
For the purposes of this AIE please consider the years 2020 to 2023
The location of abstraction is within the River Barrow and River Nore SAC (002162) and the River Nore SPA (004233). The qualifying interests of these sites (listed in Appendix I) include a number of aquatic habitats and species.
Activity will abstract water from river
Activity will cause noise.
Placement of pipe and equipment will result in minor level of human disturbance at river edge
Placement of pipe in water may impact on riparian vegetation or cause introduction of invasive species.
Abstraction can result in “bycatch” of aquatic organisms caught in intake pipe, and in particular salmon fry and lamprey juveniles.
Screening for Appropriate Assessment – Screening matrix and Finding of No Significant Effects matrix
Conclusion: Likely significant effects cannot be ruled out. Potentially significant effects found in relation to Salmon, Sea, Brook and River Lamprey (subject to consultation with IFI), floating river vegetation, Crayfish, Otter on the River Barrow and River Nore SAC and Kingfisher on the River Nore SPA. Appropriate Assessment is required.
This document reviews the approach of analysing multibeam bathymetric and backscatter data for habitat classification using grab samples and video footage for groundtruthing over an area called Hamptons Turbot Banks, a series of sand waves off the north coast of Ireland.
Aqua-Fact International Services Ltd was contracted by the Department of the Environment, Heritage and Local Government (DEHLG) to carry out the analysis of benthic samples collected in 2005 from the RV Celtic Explorer as part of the MESH sampling schedule. The samples in question were taken from the Hempton Turbot sandbank off the Co. Donegal coast.
Initial observations from the Marine Institute to the Department of Agriculture Food and the Marine on the notice to designate 6 Marine Sites as Special Areas of Conservation
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.
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.
July 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
