By Anne Lucey
Serious damage was caused to a wet heath habitat in a remote area near the Gap of Dunloe, in Co. Kerry after a sheep farmer brought in a heavy machine to construct a three-metre wide track, a court was told.
Tim O’Connor of Dunloe Upper, Beaufort, Killarney, was convicted and fined €2,500 after he pleaded guilty to constructing a track with a track machine in a Special Area of Conservation (SAC) at Dunloe Upper without permission and contrary to the EU birds and habitats regulations.
O’Connor had hired a track machine to carry out the work in an area between Tomies Mountain and the Gap of Dunloe, Killarney.
Summons had been issued by the Minister for Housing, Local Government and Heritage on both the farmer and the track machine contractor.
Prosecuting counsel Tom Rice told Killarney District Court that no evidence was being offered in the case of the contractor and that case was struck out.
SAC
The construction of the track with a track machine had a significant ‘adverse’ effect on the integrity of a European site, Rice said.
The extent of the unauthorised track was 353m in length , three metres in width and it encompassed 0.1ha, the court heard.
The land would be considered ‘marginal land’ from an agricultural point of view. However, it had a qualifying interest as an SAC habitat called ‘wet heath’.
In evidence, Dr. Daniel Buckley, conservation ranger with the National Parks and Wildlife Service (NPWS) said the site in question was not inside the Killarney National Park but was part of the‘ Killarney National Park, MacGillycuddy’s Reeks and Caragh River Catchment SAC, which is protected under regulations.
In December 2020, a member of the public contacted the NPWS about the track machine working in the remote part of Co. Kerry.
The NPWS ranger visited the site and met with Tim O’Connor who admitted using the track machine to build a track so he could put fencing up.
“He had no permission from the NPWS,” Dr. Buckley added.
Damage
The site was a peatland habitat, with a shallow peat layer, and the track machine was used to excavate a substantial amount of soil. Photographs of the damage were handed into court.
A regional ecologist with the NPWS had visited and assessed the damage.
Dr. Buckley said that there had been a direct and indirect impact on the heath.
There had been no previous drain on the land, but the track had now formed a drain, and water was running off the surrounding wet heath onto it.
“The damage was permanent,” he said.
Dr. Buckley also said O’Connor maintained he was unaware permission was not needed, but he did not accept that.
Farmer
Pleading for mitigation, defending solicitor, Padraig O’Connell said his client was a man “who has lived in the area for generations”.
“He is a sheep farmer and he believes a passageway always existed for sheep to be brought down for dipping and shearing,” he said.
“Generations of his family have lived in Dunloe sheep farming. He has lost out considerably in the context of grants – these have been frozen,” the solicitor added.
Judge David Waters indicated a substantial fine was appropriate. But for the plea of guilty and the lack of previous conviction the judge said he would have been considering a custodial sentence.
“There is an element of brazenness and brass neck. Serious damage was caused,” Judge Waters said as imposed a conviction and fine of €2,500.
Tom Rice told the court that the State was not seeking costs following consultation with the department and NPWS officials.