The law surrounding the cutting of turf on raised bogs here

renegademaster

hi all, I'm interested in the law regarding cutting of the turf and the blatant codology that Ming the corruptible has gotten up to so far since it's become illegal, stand-offs between men and gardaí, happily speaking baout breaking he law in the Dail afterwards etc

someone said to me the law itself is very vague but can someone more knowledgable let me know the craic as they see it. I would like to know if the law aplies to these people at all?

Uriel.

EU Habitats Directive,

transposed into Irish law in 1997, as amended in 2011

There were also smaller amendments in between, but the existing major law is now the 2011 Regs.

further info on Special Areas of Conservation here.


EDIT:
s.28 is the particularly relevant section of the legislation

Ministerial Directions in respect of activities requiring consent

28. (1) Where the Minister has reason to believe that any activity, either individually or in combination with other activities, plans or projects, is of a type that may—

(a) have a significant effect on a European Site,

(b) have an adverse effect on the integrity of a European Site, or

(c) cause the deterioration of natural habitats or the habitats of species or the disturbance of the species for which the European Site may be or has been designated pursuant to the Habitats Directive or has been classified pursuant to the Birds Directive, in so far as such disturbance could be significant in relation to the objectives of the Habitats Directive,

the Minister shall, where he or she considers appropriate, direct that, subject to paragraph (2), the activity shall not be carried out, caused or permitted to be carried out or continued to be carried out by any person in the European Site or part thereof or at any other specified land except with, and in accordance with, consent given by the Minister under Regulation 30.

(2) A Direction under paragraph (1) shall not apply—

(a) where the proposed activity in relation to which the Direction applies is one that requires consent or consents under one or more of the enactments set out in the Second Schedule of these Regulations or under the Planning and Development Acts 2000 to 2011 and the activity is carried out with and in compliance with such consent or consents,

(b) where the proposed activity is part of a project that has received consent under one or more of the enactments set out in the Second Schedule of these Regulations or under the Planning and Development Acts 2000 to 2011 and the project or activity is carried out with and in compliance with a consent or consents given under the applicable statutes, or

(c) where the proposed activity is part of a project that has received consent under one or more Regulations made under the Act of 1972 or under one or more Regulations made under any of the enactments set out in the Second Schedule of these Regulations and the project or activity is carried out with and in compliance with such consent.

renegademaster

why than you Uriel. x

renegademaster

can i ask why hasn't Ming the corrupted been arrested by the gardaí for happily breaking the law??

Uriel.

renegademaster wrote: »

can i ask why hasn't Ming the corrupted been arrested by the gardaí for happily breaking the law??

That's an enforcement issue and a matter for the Gardai. Has Ming actually physically cut turf himself? I don't know. I think he claimed he did. Like any crime, to be prosecuted, will depend on the evidence available.

Also, I wouldn't be surprised if there were political considerations. i.e. Ming would only love to carted off in handcuffs to roaring support.

renegademaster

Uriel. wrote: »

That's an enforcement issue and a matter for the Gardai. Has Ming actually physically cut turf himself? I don't know. I think he claimed he did. Like any crime, to be prosecuted, will depend on the evidence available.

Also, I wouldn't be surprised if there were political considerations. i.e. Ming would only love to carted off in handcuffs to roaring support.

he did so using dail privilege but is that the end of it then??

washman3

renegademaster wrote: »

can i ask why hasn't Ming the corrupted been arrested by the gardaí for happily breaking the law??

Probably for the same reason that not a single member of the Government's cabinet ministers, that brought this country to its knees, have not been questioned let alone arrested.
Looks like defrauding the Irish taxpayers to protect their crony posse of bankers,speculators and developers is not considered 'breaking the law' either.

john.han

I'm not familiar with whatever legal argument Ming has been spouting but there is an argument that the small scale of cutting on these bogs isn't all that harmful, raised bogs do regenerate (I'm no expert on this though). It could be argued that such cutting does not impact the integrity of the site or cause the destruction of any habitats/species.

Ironically this argument was used explicitly by a state body in an attempt to get permission for the Galway bypass, Galway Co Co argued building a road through a protected site would not impact the integrity of the site (their argument was predictably dismissed by the ECJ) but it's perhaps possible that Ming's argument follows a similar line of thought.

Uriel.

john.han wrote: »

I'm not familiar with whatever legal argument Ming has been spouting but there is an argument that the small scale of cutting on these bogs isn't all that harmful, raised bogs do regenerate (I'm no expert on this though). It could be argued that such cutting does not impact the integrity of the site or cause the destruction of any habitats/species.

Ironically this argument was used explicitly by a state body in an attempt to get permission for the Galway bypass, Galway Co Co argued building a road through a protected site would not impact the integrity of the site (their argument was predictably dismissed by the ECJ) but it's perhaps possible that Ming's argument follows a similar line of thought.

That's his argument but it has been shown to be false, and he knows that well enough too. As you say, the ECJ are no fools, they work on scientific evidence and scientific evidence shows in the case of the active raised bog habitat being protected in conservation areas is in decline due to turf cutting and the associated works such as drainage. Water is the life blood of a bog, if you take it away (just like what is required for turf cutting, small scale included) then the habitat will die.