Lough Swilly SAC under continuing attack

Donegal Live understands tree felling was continuing in the Lough Swilly Special Area of Conservation (SAC) on Monday afternoon, in clear breach of the Activities Requiring Consent legislation of Statutory Instrument (418 of 2018) which governs SACs.

This came on top of what was believed to be the fourth known breach of legislation pertaining to Lough Swilly SAC since March.

In a statement to Donegal Live, the Department of Housing, Local Government and Heritage said: “Last week, National Parks and Wildlife Service received a report regarding damage being caused to Lough Swilly Special Area of Conservation in the in the area of Porthaw Glen, Buncrana, County Donegal.

“Following investigation an area of trees measuring approximately 30m by 30m or 0.1ha have been cut or 'topped'.

“The felling of trees, removing timber, topping or clearing of scrub are all Activities Requiring Consent under the Lough Swilly SAC Statutory Instrument (SI Number 418 of 2018).

“It is the responsibility of landowners, contractors and third parties to ensure that any such works are carried out in a legally compliant manner. Such works cannot be carried out within Lough Swilly SAC without the written permission of the Minister, unless the activity is licenced by another statutory authority.

“In the case of previous works carried out in the same locality, these works have been investigated by National Parks and Wildlife Services and referred to the relevant statutory authorities as appropriate,” concluded the Department.

In March, Inish Times reported an area of natural habitat within the SAC had been “reclaimed” as farm land.

In October, tree felling took place within the SAC, as well as the building of an approved road / lane-way.

The work, carried out last week required but did not receive prior consent from the Department of Housing, Local Government and Heritage. It was therefore in breach of the specific legislation protecting Lough Swilly Special Area of Conservation, under which a landowner, any contractors carrying out the work, and anyone who commissioned the work, could face prosecution.

Speaking to Donegal Live, a very concerned local resident said when they became aware of the incident, it took too long to get a phone number for the local National Parks and Wildlife Ranger, in order to alert them to what was going on.

They added: “The contractors responsible also claimed that they were not aware of the need to obtain prior consent from the Department before they commenced the work. I think this aspect of Special Area of Conservation legislation needs to be more widely publicised. Ignorance of the law is no justification for carrying out possibly illegal deforestation.”

According to Michael White, chairperson of the Green Party in Donegal, reiterated tree felling in Lough Swilly SAC requires the prior written consent of the Minister.

Mr White explained: “Tree felling cannot happen without the consent of the Minister, so enforcement is a matter for the National Parks and Wildlife Service (NPWS).

“The building of an unapproved road or lane-way is a planning issue, which comes under the remit of Donegal County Council. In addition, the reclaiming of land for agricultural purposes is an issue which has to be followed up with the Department of Agriculture.

“Having spoken to environmentalists in the area, Donegal Greens will now follow-up with the NPWS in Donegal to highlight the most recent incursion last week, when some trees appear to have been 'topped'.

“We will contact Donegal County Council regarding the planning violation when the lane-way / road was built and the Department of Agriculture regarding the unauthorised reclaiming of agricultural land in the SAC,” said Michael White.

Of 250,000 acres across Inishowen, only 140 are earmarked for an SAC.

Michael White added: “We have very little native woodland left on the peninsula and need to hold on to what we have.

“We must and will protect these areas. Inishowen was handed down to us by our ancestors and we in turn must pass it on to our descendants. It is our responsibility to ensure that we preserve our natural heritage and our historical heritage. It is not only the right thing to do, it will also boost the local economy through additional eco-tourism.”

In correspondence with Mr White, Mr Malcolm Noonan, Minister of State for Heritage and Electoral Reform said: “The NPWS has twice stopped works on this site, conducted interviews and issued warning letters. Follow up visits have been made to other areas within this site where works were also alleged to have taken place and the matter has been referred to Donegal County Council for enforcement as a breach of the Planning and Development Acts.

“It is the policy of the National Parks and Wildlife Service, subject to the availability of resources, when it becomes aware of damage to a protected site, to investigate the matter, in conjunction with other public authorities, if required.”