Court warning issued to public over works close to Mayo rivers and lakes

A MAYO man has been fined €2,750 after carrying out unauthorised works involving the clearing of vegetation and the use of machinery within the Lough Corrib Special Area of Conservation (SAC).

The case was brought by the Minister for Housing, Local Government and Heritage against Morgan Costello, of Corrib Glen House, Ballynalty Bay, Ower, Headford, Co. Mayo, at Castlebar District Court.

The matter was heard before Judge Vincent Deane, with the court told the alleged offences related to activity carried out within the Lough Corrib SAC and Special Protection Area (SPA), one of the most significant conservation sites in the west of Ireland.

Barrister Patrick Murphy, instructed by the State, told the court the matter came to the attention of the National Parks and Wildlife Service (NPWS) on September 19, 2024, following a report made by a member of the public who had been out on a boat.

The report stated that vegetation appeared to have been cleared in Ballynalty Bay, an area within the Lough Corrib SAC complex.

The court heard that Lough Corrib is the second largest lake in Ireland, and is a protected site, similar to Lough Carra, due to its status as a marl lake with sensitive habitats.

The court heard evidence from Irene O’Brien, District Conservation Officer with the NPWS.

Ms. O’Brien said that she and conservation ranger Ms. Kilbane travelled to Ballynalty Bay to locate the reported site but encountered difficulty due to the number of hidden bays and private access roads along the lake.

However, after arriving in the area they observed an orange Komatsu digger on the site and saw evidence of freshly cleared vegetation.

She told the court the ground appeared to have been tracked and dug up, with soil heaps visible, and said wet woodland species such as birch, alder and hazel would have been removed.

Ms. O’Brien said they called to the house but nobody was home, and a note was left requesting the landowner to contact them.

She said Costello rang later that evening and confirmed he was the landowner.

Ms. O’Brien said she identified herself and her role with NPWS, and later met with Costello on site.

She told the court she produced her identification card and cautioned him, explaining that the area was within a protected SAC.

She said Mr. Costello told her he was unaware what an SAC was.

Ms. O’Brien said the otter is a qualifying interest of the site, and warned that Lough Corrib is already under significant pressure from nutrient enrichment, with disturbance to soil and vegetation increasing the risk of turbidity and nutrient run-off as well as woodland clearance from people who want a view of the lake.

She said this in turn can impact habitats and bird life dependent on invertebrates in the lake.

The court heard that otter foraging areas were impacted, along with the protected marl lake habitat.

Ms. O’Brien said Costello told her he had purchased the property approximately five years previously and that it had been heavily overgrown and underplanted with non-native species including leylandii and laurel, along with native vegetation.

She said she advised him that if he had contacted NPWS in advance, a woodland management plan could have been prepared.

Ms. O’Brien also told the court that Costello said he had engaged with Teagasc in 2019 but the process did not progress further due to Covid.

Mr. Murphy told the court that Costello became the registered owner of the property on May 10, 2019.

He added that information on SAC designations is also issued publicly through notices in newspapers including the Connacht Tribune, Irish Independent and Irish Examiner.

Solicitor Evan O’Dwyer, for Costello, said his client had entered a guilty plea.

He said when NPWS officers first arrived at the property they were unsure of the exact SAC boundary, with no natural dividing line evident, and the boundary only became clear closer to the lake edge.

Mr. O’Dwyer said the property was a family home and the works were carried out in part to ensure safety for children, adding that Mr. Costello had not intended to cause damage.

He said his client had attempted to make the area safer and more accessible and had engaged with Teagasc previously.

Ms. O’Brien agreed Costello had been cooperative and said she had returned to the site on January 7 to determine the nature of the habitat present.

She said while she could not point to a single specific dead animal due to the works carried out, the legislation related to the likelihood of significant effect on the habitat.

Judge Deane imposed fines in relation to two matters.

Mr. Costello was fined for:

1. Bringing machinery onto the Lough Corrib Special Area of Conservation complex and using the machinery for the extraction of natural resources including trees and vegetation, which may have had a significant effect on the Lough Corrib Special Area of Conservation, contrary to Regulation 35(1)(b) of the European Communities (Birds and Natural Habitats) Regulations 2011 to 2023.

2. Clearing scrub and rough vegetation within the Lough Corrib Special Area of Conservation complex without the consent of the Minister, contrary to Regulation 28(1) and Regulation 28(9) of the European Communities (Birds and Natural Habitats) Regulations 2011 to 2023.

Judge Deane said the case differed from other matters in that it related to works carried out from a domestic dwelling adjoining the lake.

He said it was clear the works had resulted in a much improved view of the lake, but stressed that anyone carrying out works close to rivers or lakes should ensure they are entitled to do so.

He also said there was an education issue around public awareness of SAC designations, adding that many people may not read notices in newspapers unless they are directly affected.

Judge Deane said that prosecutions were necessary but that awareness also needed to be built through education.

Judge Deane imposed a fine of €1,500, with six months to pay, taking additional matters into consideration.

He also imposed a fine of €1,250, also with six months to pay.

In total, Costello was fined €2,750.

* Published under the Courts Reporting Scheme.