Proposed Moville/Greencastle Waste Water Treatment Plant - Amended Legislation

by Enda Craig
Community For a Clean Estuary

Lough Foyle, Co Donegal, Ireland

S.I. No. 652 of 2016    WASTE WATER DISCHARGE (AUTHORISATION)(ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2016

The above attachment contains details of amended national legislation that came about as a result of a formal complaint made to the European Commission by the environmental campaign group 'Community For a Clean Estuary', Carnagarve, Moville, Co Donegal.

The group had alleged that the legislation  granting  planning permission by An Bord Pleanála and the High Court, to build a proposed Waste Water Treatment Plant for the towns of Moville and Greencastle at Carnagarve, was based on defective European Planning Legislation.

This amendment was carried out by the Irish Government on foot of an ultimatum from the European Commission in Brussels to either amend the defective legislation or face the European Court of Justice in Luxembourg.

The Government recognised the game was up and decided to comply with the relevant European Environmental Legislation.

This is a massive achievement by a small group of community activists determined to prevent their local environment being destroyed. Having witnessed An Bord Pleanála and the High Court of Ireland deliberately (and illegally) ignore European Commission legislation,  it is encouraging to see them being brought  to account and have them apply  proper process.

Nevertheless, the final important battle is yet to be decided. The European Commission having insisted on compliance  must now decide if the original planning permission by An Bord Pleanála is allowed to stand.  Will the European Commission insist the decision to grant planning permission is re-visited and set aside (as it should be) in light of the amended legislation?

Historically the European Commission does not  retrospectively apply amended legislation but our group Community For A Clean Estuary is challenging this decision.  We must point out that no group would reasonably  be willing to take the time, effort  and go to the  expense of making a complaint to the European Commission if  it means   that  in return  your own case will be ignored and  only future projects will need to comply with the amended European Legislation.

Source: SaveTheFoyle, Feb 19, 2017

UK Claim on Lough Foyle has never been settled

Historically, when Lough Foyle was discussed in Inishowen, the conversation revolved mostly around the fishing rights  and the disputed nature of who owned what.  In the end it usually ended up by agreeing that there is a dividing line separating the Lough into two halves  -  a half for them a half for us. In truth people did not have a clue about the true situations that pertains to the Lough.

It was only when Donegal Co Co came forward with a proposal to discharge sewage effluent into the Lough at Carnagarve (  www.savethefoyle.com )  and a local campaign group, Community For a Clean Estuary, carried out extensive research that the true picture began to emerge.  It quickly became very clear that Lough Foyle was a story in two parts  -  

1.  The use and management of the water in the Lough
2. Ownership of the sea-bed.

 

The Loughs Agency is tasked with the responsibility of part 1. This is clearly seen from their Mission Statement

"The Loughs Agency aims to provide sustainable social, economic and environmental benefits through the effective conservation, protection,management, promotion and development of the fisheries and marine resources of the Foyle and Carlingford Areas"  

 

It is only when the Fisheries Division of Northern Ireland and the Irish Govt combined and came forward in 2007 with Draft Legislation (Source: http://www.irishstatutebook.ie/eli/2007/act/17/section/4/enacted/en/html ) to regulate the Aquaculture  Fishery in Lough Foyle that the 'Elephant in the Room '  put in it's appearance in the guise of the Crown Estates.

When this legislation was presented to the Crown Estates as a 'stakeholder' for comment it is clear from the response (see letter crown_states.pdf ) that they would not accept the proposed draft legislation and from that date the process has stalled. The letter from the Crown Estates demonstrates and clarifies the true picture in relation to who calls the shots on the ownership of the sea bed of Lough Foyle.

This is the major 'spanner in the works ' which was never addressed from the foundation of the state and missed again by the Good Friday Agreement.

"In the context of the Good Friday Agreement, a decision was taken to co-operate on foreshore and other issues that arise in the management of the lough from conservation and other points of view." http://sluggerotoole.com

 

At least Mr James Brokenshire has put the British Government's cards on the table.  Will it force some kind of response from the Irish Authorities? 

This controversy has come to the fore again because of Brexit and if this British claim holds up what then are the implications for anyone from Donegal or indeed Republic of Ireland as a whole with regard to business andaccess to all amenities of Lough Foyle?

 

 

 

 

 

 

 

EC Insists Irish Government Must Amend Planning Legislation

by Enda Craig, August 25, 2016

Enda Craig, CFCE,  Marian Harkin, MEP & Don McGinley, CFCE

Independent MEP Marian Harkin met with representatives of the ‘Save the Foyle – Community for a Clean Estuary’ (CFCE) for an update on the proposed Moville/Greencastle Waste Water Treatment Plant discharge pipe. She is pictured in Moville with Enda Craig (left) and Dr. Don McGinley of the CFCE.

Referring to her meeting with the representatives of the CFCE Marian Harkin said that the Moville/Greencastle waste water project was a classic example of mismanagement by planning authorities, state agencies and the Department of the Environment.  “However working with CFCE we have so far prevented wrong decisions being taken which could irreparably damage the ecosystem of the Foyle Estuary and it once more highlights the ability of the European Commission to protect the interest of citizens when a Member State does not”, she said.

The European Commission has said that Ireland is in breach of EU legislation and must amend their environmental impact assessment legislation to comply with EU requirements. In effect this means that the waste water treatment cannot go ahead as planned. “All we want is the best outcome for this project, the people of Moville, Greencastle and surrounding areas deserve nothing less”,  the Independent MEP maintained.  She pledged to continue to work closely with CFCE and the European Commission to ensure that no dubious political or irresponsible decisions were taken which would lead to unacceptable discharge of damaging waste to vulnerable waters and fish life.

I received communication this week from Ms Antoinette Long, case handler for Ireland infringements, European Commission.  Ms Long, who is working on our 'Moville / waste water discharge licencing (EU pilot 8542/16)' said

“I can confirm that the Irish authorities have confirmed their intention to amend their legislation in order to comply with the EIA Directive insofar as waste water discharge licencing is concerned.
However, we are currently clarifying certain aspects of the replies provided by the Irish authorities and have asked further questions in this regard.
 
In addition, we have been informed that Irish Water has confirmed that the licence application for the proposed Moville plant is no longer current and has committed to not submitting a new application until the proposed legislative changes are made.”

This is a massive decision by the European Commission who have now found in favour of the CFCE against the Irish Government in breach of European Legislation. This decision vindicates the lengthy campaign (26 years) by the CFCE to ensure this project was carried out properly and in accordance with correct European planning legislation.

Members of Community For A Clean Estuary are looking forward to the conclusion to this long running debacle. It is hoped that the competent authority will begin the process of identifying, with the support of the local communities, a suitable and acceptable location for this long overdue and essential Waste Water Treatment Plant for the Moville and Greencastle areas.