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Unlawful waste infill on protected wetlands results in mandatory remediation measures
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The High Court has mandated a staged approach to the remediation of a protected wetland area after it was established that unauthorised infill activities had caused environmental pollution. The original court's decision, which found the equestrian farmer guilty of illegal dumping, has been upheld. The current judgment focuses on the necessity of remediation, with the court directing the respondent to seek all necessary consents for the removal of the waste in accordance with the proposed remediation plan. The court has not made a final order on the removal of the waste, pending the outcome of the necessary environmental assessments and permissions.
Environmental pollution, waste infill, protected wetlands, Special Area of Conservation (SAC), Special Protected Area (SPA), unauthorised dumping, remediation measures, High Court, equestrian farmer, habitat loss, flood risk, Appropriate Assessment (A.A.), Environmental Impact Assessment (E.I.A.), planning permission, Habitats Directive, Waste Management Act 1996, European Union law, otter, bat, invasive species, Japanese Knotweed, precautionary principle, polluter pays principle, environmental protection, intergenerational solidarity, Cork County Council, EPA Code of Practice, Ramsar Convention, Natura 2000 site.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
