A farmer has been ordered to pay over €9,300 in penalties for damaging 10 acres of what was described as “an extremely rare and unique” limestone pavement habitat within a Special Area of Conservation (SAC) located on the edge of the Burren in Co Clare, reports Breaking News.
During a hearing at Ennis District Court on Tuesday, Judge Adrian Harris stated he had no choice but to record a conviction against Galway-based farmer Martin Feeney, given that “10 acres of limestone habitat has been destroyed as a result of the actions of the accused.”
Mr Feeney, of Mincloon, Rahoon, Galway, pleaded guilty to two charges linked to the damage caused to the limestone pavement. Judge Harris imposed a €3,000 fine and ordered him to pay €6,307 in legal costs, reports Breaking News.
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 were affected by the land reclamation carried out by Mr Feeney between March and August 2022.
Ms Carty explained that limestone pavement “is an extremely rare and unique habitat” and is categorised as a priority habitat under the Habitats Directive because it faces the threat of extinction, reports Breaking News.
She emphasised that “any loss of priority habitat is significant.”
Ms Carty noted that the land is situated within the Moyree River system SAC—one of five such conservation areas in the Burren—positioned on its outer edges.
She described how Mr Feeney carried out agricultural reclamation on the land, which involved removing limestone pavement blocks and covering the area with infill taken from a nearby drumlin.
The land was later reseeded for agricultural grass use. Ms Carty stated the process involved spreading and levelling material directly over the limestone pavement habitat, reports Breaking News.
In evidence given to Thomas Wallace O’Donnell BL (instructed by State Solicitor for Clare, Aisling Casey) on behalf of the Department of the Environment, Heritage, and Local Government, Ms Carty said that a large wall made of massive limestone boulders was built on the site.
She said those boulders most likely originated from the SAC near where the work was carried out, reports Breaking News.
Ms Carty explained to the court that she had flown over the land by helicopter to observe the changes, and she submitted aerial images along with satellite “before and after” photos as evidence.
She also testified that during a January 2024 site visit to Mr Feeney’s farmyard, she needed assistance from two gardaí due to Mr Feeney being extremely uncooperative.
Mr Feeney’s barrister, Evan O’Donnell BL, told the court that his client accepted the facts as outlined by the State and was accepting responsibility for his actions, reports Breaking News.
Mr O’Donnell requested that no conviction be recorded, noting that Mr Feeney had been farming the land since the late 1980s.
He added that a previous prosecution brought by the NPWS in 2008 was withdrawn, and that Mr Feeney believed the work he was doing was permitted.
Mr O’Donnell said that Mr Feeney did not think his reclamation works were harming the limestone pavement and noted that much of his landholding with limestone pavement had been left untouched, reports Breaking News.
He also informed the court that Mr Feeney was recently injured by a cow and required hospitalisation, including time in intensive care.
He noted that Mr Feeney plans to retire from farming, with his daughter set to take over operations, and said Mr Feeney wished to resolve the case and was willing to donate to charity in place of a conviction, reports Breaking News.
Representing the State, Mr Wallace O’Donnell told the court that the Department wanted a formal conviction recorded.
Mr Feeney had admitted to performing works between March 26th and August 10th, 2022, within an SAC without the necessary consent from the Minister.
He also pleaded guilty to operating plant machinery in the SAC, causing harm to the site’s protected ecological integrity, reports Breaking News.
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