Almost €10,000 fines and costs for felling 150 broadleaf trees on Donegal farm

A Donegal landowner charged with removal of 150 broadleaf trees without a felling licence and during the growing season must pay almost €10,000 in fines and prosecution costs.

Judge Sandra Murphy said that while the defendant’s plans to reinstate the habitat showed an insight to the offence, it was not within the powers of the court to include in an order that would allow him to avoid a conviction. Furthermore, she said, it would not be appropriate to do so given that nothing could undo the damage that was caused to wildlife at the time.

Cormac Byrne of CB House, Strager, Killybegs pleaded guilty to the charges that on dates between March 1, 2023 and August 31, 2023 at Adhyeevoge, County Donegal, he used or allowed use of a mechanically propelled vehicle as an aid to the commission of an offence contrary to the provisions of Section 69(7A) of the Wildlife Acts 1976 and 2000. 

On the same date and at the same location, he did attempt to commit offence, or aid, abet, counsel or procure the commission of an offence or solicit or incite any other person to commit an offence contrary to Section 69(1) of the Wildlife Act 1976. 

The work was carried out by a man engaged by Byrne.

At Donegal District Court on Wednesday, December 4, extensive plans for restoration of the woodland habitat were outlined by the defendant’s solicitor, who added: “My client is now going to every extent possible to make good what has occurred so far. 

“He co-operated at every step possible. I ask that he get some credit for that. 

“He is a 72-year-old gentleman, native to Donegal, who moved to the UK many years ago and has a construction company there. 

“He has business interests and travels in the US, and any conviction here today could curtail his travel.

“He has agreed to pay the costs and will incur the replanting costs.”

However, agents for the National Parks and Wildlife Service stressed that the offence related to the destruction at the time, which led to permanent damage that could not be rectified. And there was no way to ensure that the restoration plans, which would take at least 30 to 40 years to come to full fruition, would be carried out.

A previous court sitting heard evidence from NPWS officer Emer Magee that she counted around 150 trees between 15 and 50 years of age that had been cleared. 

“They were all broadleaf trees, native beech, hazel and willow, all trees that have very high nature value,” said Ms Magee.

“We have the second smallest broadleaf trees coverage in Europe. Only Iceland has fewer.”

She outlined a widespread awareness campaign about the prohibition of cutting trees during the growing season. 

But, she explained, regardless of the time of year, Byrne would still have required a felling licence due to the size of the trees.

“If somebody wants to clear trees and a tree is over 7cm in diameter, it requires a tree felling licence unless it is a health and safety issue,” she said.

In passing sentence, Judge Murphy said the replanting plan was positive in terms of mitigation, in that it showed insight and remorse.

“But that is all I can take it as,” she said. “The damage is done. This is very serious.”

“I don’t think it is appropriate that the court can get involved with any reinstatement of the habitat.”

Each offence carries a maximum fine of €5,000. 

Judge Murphy imposed convictions and fines of €1,000 on each of the two offences, and made an order for the defendant to pay prosecution costs of €7,134.

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