OPPONENTS of Galway Corporation's plan to construct a multi-million pound waste water treatment plant and causeway on Mutton Island in Galway Bay claimed in the High Court yesterday that the matter was of great ecological concern.
A challenge to the corporation's plan has been taken in the name of Mr Raymond McBride, an actor who lives and works in Galway, on behalf of the Save the Galway Bay Group, an association which claims it is trying to preserve the bay from "insensitive development".
The corporation claims that eight million gallons of raw sewage is being discharged every day into Galway Bay and that there is a public health obligation on the corporation to comply with sewage treatment regulations.
Mr McBride is seeking an order quashing the corporation's decision made on February 9th, 1996, to invite tenders for the construction of the waste water treatment plant and causeway.
Mr Diarmuid Rossa Phelan, counsel for Mr McBride, told Mr Justice Quirke they were concerned that procedures had not been observed. That was not to say they were running a "purely technical case"; the matter was of very great ecological concern.
The proposed site was an extremely sensitive island in Galway Bay of architectural merit and with amenity value. It was specifically designated as being of environmental sensitivity. EU cohesion funding had been withdrawn because of environmental concerns.
Mr Rossa Phelan said procedures for the construction of such a plant must be observed. This was exempted development and the controls were those specified by EU directives. The court should be alert to see those procedures were observed.
His clients claimed there had not been an environmental impact assessment carried out by the Minister for the Marine and there was also the question of protection of bird habitats.
The idea behind an environmental assessment was that potential problems were identified before development took place.
There had been an environmental impact assessment by the Minister for the Environment.
But in this particular case there had been no assessment by the Minister for the Marine. This was crucial and was required by law. In the absence of the assessment, the development could not go ahead.
Mr Rossa Phelan said an EU environmental directive was notified to member-states in July 1985. It should have been implemented by this country by July 1988.
Implementing regulations were contained in a 1989 statutory instrument and portion of the regulations concerned an amendment of the 1933 Foreshore Act.
The foreshore was the property of the State and the Minister for the Marine was the responsible authority for the issue of leases and licences or the construction of buildings on the foreshore or the taking away of minerals or materials.
This was critical as the Galway development was largely on the foreshore. The causeway in its entirety was going to be built on the foreshore; the treatment plant was going to be built on reclaimed land on Mutton Island and the outflow pipes were also on the fore shore.
The corporation therefore had to get a lease, or licence, from the Minister for the Marine and before doing that the Minister must carry out an environmental impact study.
The hearing is expected to last three days.