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 in a Special Area of Conservation (SAC) on the periphery of the Burren in Co Clare.
At Ennis District Court on Tuesday, Judge Adrian Harris stated that he had to record a conviction against Galway farmer Martin Feeney, as 10 acres of limestone habitat were destroyed due to 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 of €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 affected by reclamation works carried out by Mr. Feeney between March and August 2022. She emphasized that limestone pavement is an extremely rare and unique habitat, listed as a priority habitat in the Habitats Directive due to its risk of disappearing.
Ms. Carty stated that any loss of priority habitat is significant. The affected lands were located in the Moyree River system SAC, one of five SACs in the Burren, situated on its periphery.
According to Ms. Carty, Mr. Feeney engaged in reclamation works for agriculture that involved removing limestone pavement blocks and infilling the area with material sourced from a nearby drumlin. The lands were then re-seeded to establish approved agricultural grassland. The infilling was leveled out over the limestone pavement habitat, causing damage.
She also informed the court that a wall was built using very large limestone boulders, likely taken from the SAC vicinity. To support the case, Ms. Carty conducted an aerial survey by helicopter to view the land changes, submitting both these and satellite ‘before and after’ images as evidence.
During a site visit to Mr. Feeney’s farmyard in January 2024, assistance was required from two gardai as Mr. Feeney was reportedly extremely uncooperative.
Counsel for Mr. Feeney, Evan O’Donnell BL, acknowledged the State’s evidence and stated that his client is taking responsibility for his actions. He requested that no conviction be imposed, highlighting that Mr. Feeney has been farming the lands since the late 1980s.
Mr. O’Donnell explained that Mr. Feeney had faced a prosecution by the NPWS in 2008, which was withdrawn. At the time, Mr. Feeney believed the reclamation works he was carrying out were lawful and did not impact the limestone pavement. He also noted that significant areas of limestone pavement within Mr. Feeney’s landholding remain untouched.
Furthermore, Mr. O’Donnell revealed that Mr. Feeney was recently hospitalized after being struck by a cow, spending time in intensive care. He added that Mr. Feeney is retiring from farming, with his daughter set to take over the agricultural activities, and that his client is eager to resolve the matter. Mr. Feeney has also shown willingness to make a contribution to a charity in lieu of a conviction.
However, representing the State, Thomas Wallace O’Donnell BL stressed that the State is keen for a conviction to be recorded.
In the case, Mr. Feeney pleaded guilty to carrying out works on the lands within the SAC between 26th March 2022 and 10th August 2022 without the consent of the Minister. He also pleaded guilty to bringing plant machinery into the SAC, adversely impacting its integrity.
https://www.breakingnews.ie/ireland/judge-fines-galway-farmer-over-e9300-for-destruction-of-rare-limestone-pavement-1810114.html