First Jail sentence given under conservation laws

A Co Clare man ahs been sentences to four months in jail at Corofin District Court for removing up to 90 lorryloads of limestone from the Slieve Carran area of the Burren. It is the first time in the State's history that a jail has been handed down under conservation legislation.

Christopher Lee, Of Boston, Tubber, Co Clare, was sentenced on Wednesday to four months' imprisonment after being convicted if using heavy machinery and lorries to remove the limestone in 1997.

Slieve Carran is situated in the East Burren Complex, an officially-designated Special Area of Conservation (SAC). The area was designates an SAC because of the presence of limestone pavement and orchid-rich grassland, which are priority habitats under the EU Habitats Directive.

The removal of rock from these habitats without the approval of the department of Arts, Heritage and Gaeltacht and the Islands is an offence under the regulations.

The court heard evidence from Dr Enda Mooney, deputy regional manager, and Mr Jim Moore, a district conservation officer, with Duchas, The Heritage Service, that the infringement was first noticed by local people.

After visiting the site, Dr Mooney quickly established who was removing the limestone and that it was being sold locally.

The witnesses told how they has seen the limestone being removes and estimated that up to 90 lorryloads were taken from the area by Lee. According to Dr Mooney, some of the rock consisted of traditional dry-stone walls, which may have dated from megalithic times. "We will never know now," he said yesterday.

The removed rock was used to build a wall around an new proerty. After discovering the origin of the stone the owner of the property told Lee it was not wanted.A spokesman for Duchas said the sentence was "an important and welcome move towards implementing legal action in the serious matter of protecting our natural habitats."

The spokesman added that the custodial nature of the sentence should serve as a warning to others, who he said were known to be exploiting the commercial potential of the limestone at the expense of the habitat.

Dr Mooney told the Irish Times that a number of similar prosecutions were pending.

This is only the second time that a conviction has been secured for an offence under the regulations and the first time that a jail sentence was imposed. Judge O'Dea fixed surety at 10,000£in the event of an appeal.

The EU habitats Directive was transposed into State legislation through the European Communities (Natural Habitats) Regulations 1997, made by the Minister for Arts, Culture and the Gaeltacht in February 1997.