A private company has been convicted and fined for damaging works at a sensitive habitats areas in Co. Kildare in 2021.
At a sitting of Naas District Court this month, Belmullet Hospitality Group Ltd., pleaded guilty to two offences under the European Communities (Birds and Natural Habitats) Regulations 2011.
The company was convicted of both and fined €4,000 for each.
The offences relate to activities the company carried out between August 9 and 12, 2021, without ministerial consent, in the Rye Valley / Carton Special Area of Conservation (SAC) at Carton House Estate, Maynooth, Co, Kildare.
Under the regulations, certain activities that have the potential to damage sensitive habitats and the species that depend on them require ministerial consent in writing before they are undertaken.
Damage to sensitive habitats
The company was convicted and fined for the topping and clearing of rough vegetation and for procuring a contractor to carry out this activity without Ministerial consent.
The Department of Housing, Local Government and Heritage (DHLGH) said the vegetation was growing within a very sensitive area of the SAC known as the riparian zone.
It was explained to Judge Desmond Zaiden that the consequences of this action inflicted significant damage to the riverine ecosystem that would take years to recover fully.
The court heard that in 2018, the company was notified in writing that under Irish and European laws, it is legally obliged to abide by the regulations to protect the SAC habitats and species within Carton House Demesne.
The National Parks and Wildlife Service (NPWS) at the Department of Housing, Local Government and Planning took the case, which was prosecuted by barrister William Maher, with Sharon Murphy, state solicitor for Kildare North/West, instructing.
Evidence was given by a NPWS official on the background of the investigation that ensued and the significance of the damage caused.
Court
The defence counsel sought for the court to apply the Probation Act with a sum of monies offered through a voluntary contribution to a charity to be nominated by NPWS rather than a recorded conviction.
Barrister, William Maher, opposed this on behalf of the prosecution. Judge Zaiden noted the seriousness of the charges as outlined in the evidence by the prosecution and proceeded to record the conviction.
He imposed a fine of €4,000 on each of the two counts of the summons, allowing three months to pay.
Maher also sought a sum of €2,500 plus VAT as a contribution to the prosecution’s costs, and that order was made by the judge.
Commenting on the conviction, Minister of State for Nature, Heritage and Electoral Reform, Malcolm Noonan, said: “Nature is under pressure worldwide, and the global trends of biodiversity loss are reflected across the Irish landscape.
“We must protect our most precious habitats, too many of which are declining.
“The National Parks and Wildlife Service and many other public agencies, landowners, communities, and individuals, are taking action for nature and collectively responding to the biodiversity emergency; everyone, including the private sector, must play their part.
“NPWS remains vigilant and will continue to vigorously investigate and enforce suspected breaches of wildlife legislation,” he concluded.