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Mussel farmer permitted to continue cultivation pending outcome of licensing judicial review
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The High Court granted a stay allowing a mussel farming business to continue cultivating mussels on certain foreshore sites in Wexford Harbour pending the outcome of judicial review proceedings. This followed the refusal by a statutory appeals board to renew expired aquaculture licences, a decision based on environmental risk concerns and insufficient scientific data for full environmental assessment. The court considered whether it had jurisdiction to grant the stay, and weighed the risks of environmental harm against the risk of serious financial loss to the business, particularly given significant prior delay by the authorities in handling the licensing process. The court found that, on balance, the risk of injustice to the business if not allowed to continue operations was greater, especially as adequate evidence of incremental environmental risk from the continuation of the existing activity was lacking. The stay means the business can continue farming, under former licence conditions, until the judicial review is determined, but the order may be revisited as the case progresses.
judicial review – interlocutory stay – aquaculture licence renewal – environmental risk – mussel farming – Wexford Harbour – public law – application for interim relief – appropriate assessment (AA) – Habitats Directive – failure to assess environmental impact – risk of financial loss – Rules of the Superior Courts (RSC) – Fisheries (Amendment) Act 1997 – State agency delay – balance of injustice – precautionary principle – property rights – provisional orders
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