A turf-cutting contractor has been fined €1,000 for extracting turf in a protected raised bog that is located in a Natural Heritage Area (NHA).
51-year-old Pat McEvoy of Blackbull, Birr, Co. Offaly pleaded guilty to the offence in a case brought before Nenagh District Court, Co. Tipperary last Thursday (February 9).
The case involved turf being extracted from the Monaincha/Ballaghmore NHA raised bog without consent, contrary to Section 19 of the Wildlife Amendment Act 2000.
The bog spans across counties Laois and Tipperary.
Turf
A divisional manager with the National Parks and Wildlife Service (NPWS) outlined the evidence to the court.
He explained to Judge Elizabeth McGrath that the site was designated as a Natural Heritage Area in 2005 for its unique raised bog habitat.
He confirmed that turf could only be cut in such an area with ministerial consent and no such consent had been issued.
The NPWS divisional manager told the court that on May 11, 2020 he was on a surveillance operation at Monaincha/Ballaghmore Bog NHA with a colleague.
He entered the bog at 7:30a.m and witnessed the extraction and spreading of peat within the protected site.
When the divisional manager saw the machines begin to leave the site he approached the individuals involved in the operation.
Having identified himself as an authorised person under the Wildlife Acts, the NPWS officer requested a name and address from McEvoy which was initially refused.
The contractor subsequently gave his name and address to a member of An Garda Síochána when they arrived shortly afterwards.
Fined
Judge Elizabeth McGrath said that she did not accept the defence that McEvoy was unaware that the site was protected and imposed a €1,000 fine.
The judge said that as a sod turf contractor with a number of years’ experience it was up to him to know where the protected sites were.
Commenting on the case, Minister of State with responsibility for heritage and electoral feform, Malcom Noonan, said:
“In an era of a biodiversity crisis, this case is an example of the great work being undertaken by a renewed NPWS with other agencies to investigate and secure prosecutions for the protection of nature.
“We all have a role to play in the conservation of our most precious habitats and species and I would encourage the reporting of wildlife crimes to the relevant authorities,” the minister added.