The High Court has adjourned to May legal proceedings between Coastwatch Ireland campaigner Ms Karin Dubsky, and Drogheda Port Company (DPC) over measures to provide adequate feeding grounds for wintering birds in the River Boyne estuary.
Ms Dubsky has alleged DPC is in breach of an undertaking to the High Court to provide such feeding grounds. The company says it has partly fulfilled the undertaking by restoring a polder located in a Special Protection Area which it had infilled when carrying out dredging works, but had been unable to meet all the requirements because of problems securing planning permission for certain possible feeding sites. It claims the identification of the presence of asbestos on one site at Steward's Bank has prevented that area being utilised but that it is actively engaged in seeking alternative sites.
After hearing lengthy submissions from both sides, Mr Justice De Valera yesterday said a previous High Court order in the matter, made by Mr Justice O'Higgins in July 2001, was superseded in July 2002 when Mr Justice De Valera had "rubber-stamped" an agreement between the sides on the basis of which the matter was adjourned.
He said a letter from an expert, Dr Proffit, who had met with the DPC and members of Coastwatch, appeared to contain very sensible suggestions which could lead to the matters being sorted out in time for next winter's bird population, and could also resolve other wildlife matters. The judge said the best he could do was adjourn the matter to May 6th without further order to allow Dr Proffit to do an initial survey aimed at identifying possible mudflat sites.