Turf cutter needs licence to harvest peat from his land, judge rules

A turf cutter requires a licence to harvest peat from his land in a Tipperary bog designated a Natural Heritage Area (NHA), the High Court ruled.

Mr Justice Bernard Barton directed that Thomas Deegan will only have to pay his own legal costs of his High Court appeal of proceedings against him by the Environmental Protection Agency (EPA) over harvesting at Timoney Bog, near Roscrea.

Mr Deegan had appealed a Circuit Court order of 2014 restraining him from harvesting without a licence.

In judgments on the licensing and costs matters published this week, Mr Justice Barton said the area involved in Mr Deegan’s business exceeded 50 hectares and he accordingly required an integrated pollution prevention and control licence.

Peat has been commercially harvested from Timoney since the 18th century and Mr Deegan owns 139 hectares there.

Mr Deegan had brought his own proceedings against the State, challenging the validity of the designation of the bog in 2003 as an NHA, prohibiting peat harvesting.

Compensation

He also sought compensation for losses created by having to stop harvesting.

However, matters changed significantly when the government decided, following a report on raised bog lands in 2014, that the designation be revoked.

Mr Deegan argued in his appeal to the High Court, among other things, that the 2014 decision warranted the discharge of the Circuit Court restraining order.

He said the revoking of the NHA was a formality and the Government wrote to him confirming its decision to “de-designate” the bog, meaning harvesting would no longer be prohibited.

Mr Deegan has also offered to restrict harvesting to 30 hectares, below the 50 hectare threshold for a licence.

Opposed the appeal

The EPA opposed the appeal on grounds including the below-50 hectare offer would allow Mr Deegan defeat the purpose of the EPA Acts by carrying on his business in modular fashion until all peat was harvested from the bog.

Mr Justice Barton said until the Wildlife (Amendment) Bill 2016 becomes law the bog continued to be the subject of the 2003 NHA.

The requirement for a licence was established in 1999, he said.

It followed from the findings of the court that the area involved in Mr Deegan’s business exceeds 50 hectares and accordingly a licence had been and is required to carry on extraction work, he said.

The judge said the justice of the case was met by making no order as to the High Court appeal costs, meaning both sides pay their own.