By Gordon Deegan

A Co. Galway landowner has told a court that he was unaware that lands where 1.9ha (4.7ac) of trees were felled was a Special Area of Conservation (SAC).

Director and co-owner of Kilcolgan Properties Ltd, Derek Corbett, made his comment at Gort District Court where Judge Adrian Harris imposed cumulative penalties and legal costs on Mr. Corbett’s firm totalling €3,900, relating to a prosecution by the Department of Agriculture concerning a ministerial replanting order.

Mr. Corbett (46) of Kilternan East, Kilcolgan, Co. Galway told the court that he bought the lands as development lands and he was not aware that the lands were included in a SAC.

In court, forestry inspector with the Department of Agriculture, Donal Keegan, explained that the Department of Agriculture had taken legal action against Kilcolgan Properties and Derek Corbett concerning their failure in 2024 to comply with a ministerial tree replanting order issued in 2023.

Mr. Keegan said that 1.9ha (4.7ac) of trees had been felled at lands within the Castletaylor Complex SAC, and that was in court before.

Mr. Keegan said that, arising from those proceedings, the Department of Agriculture subsequently issued a ministerial replanting order in 2023 for lands at Cregmore Ardrahan in south Galway.

He said: "It would be normal when trees are felled that the [department] would issue a replanting order to make sure trees would be replanted and protected going forward."

Kilcolgan Properties Ltd and Mr. Corbett - both of Kilternan East, Kilcolgan, Co Galway - were before court where guilty pleas were entered that, between April 11 and November 19, 2024 at Cregmore, Ardrahan, Co Galway, they did fail to comply with the replanting order issued by the Minister for Agriculture on October 5, 2023.

The prosecution first came to court last July.

Giving the up-to-date position, Mr. Keegan said that 800 trees have been replanted and the landowner has now fully complied with the replanting order.

Mr. Keegan said that the landowner provided a report from a forester proposing alternative planting, and that was agreed by the department.

State Solicitor for Co. Galway, Rachel Joyce, said that her own costs in the case were €1,500 and counsel’s costs were under €2,000.

Judge Harris told the court that 800 "is a substantial number of trees".

He said: “I do take on board that Mr. Corbett bought the lands as development land and wasn’t aware that it was an SAC.”

Judge Harris told Mr. Corbett: "I hope you appreciate that the SAC are there for a reason and there to protect the wildlife and planting and foliage."

Judge Harris said that considerable costs were being sought in the case and that would be reflected in the fines imposed.

He said that he would impose costs of €3,500 for two summons against Kilcolgan Properties, and combined fines of €400 on the firm, and take the single summons against Mr. Corbett personally into account.