A 73-year-old farmer and retired postmaster from Inis Oirr, who attempted to reclaim one-third of a hectare of barren land on his farm, has been fined €1,800 after he failed to restore the land to its original condition by order of the Department of Environment, Heritage and Local Government.
Michael Donohoe (73), Chapel Village, Inishere, had begun to reclaim and reseed the land in August 2003, despite knowing that it was illegal to do so and before seeking permission from department officials.
Donohoe first appeared before Aran District Court last September in relation to three summonses served on him regarding the illegal reclamation work. The matter was adjourned to yesterday's court sitting to enable him restore the land to its original state. Conservation rangers found he had removed limestone paving from a small field near his home and had brought in copious amounts of building sand to raise the level of the land before reseeding it.
William Kennedy, prosecuting, told the initial court hearing last September that the entire island of Inis Oirr was designated a Special Area of Conservation and anyone undertaking reclamation works in such areas must first seek the permission of the department.
All landowners had been informed of the designation and had been given an information pack regarding what they could and could not do with their lands following the designation early in 2003.
Mr Kennedy said the department had served three summonses on Donohoe in relation to the offence but it had been willing to withdraw all three if the lands were reinstated to their original state and to the department's satisfaction.
That had not occurred in the intervening period, Mr Kennedy said yesterday, and the department now wished to proceed with the prosecution.
Donal Geraghty, defending, said his client had sought to reclaim land which was not visible from the public roadway. "Historically the islanders have tried to enhance their little patches of land," he said.
His client, Mr Geraghty said, had told conservation ranger, Penny Bartlett, when he met her following last September's court sitting, that it would be impossible to restore the land.