Donegal landowner before court for illegal clearance of 150 native trees

A landowner has pleaded guilty to commissioning the clearance of 150 native trees without a felling licence and during the growing season when cutting is prohibited.

Cormac Byrne of CB House, Strager, Killybegs was not present for the hearing at Donegal District Court on Wednesday, October 2. The court heard that the defendant has a residence in Killybegs but lives mainly in the UK. 

He pleaded guilty through his legal representative to two offences in relation to felling 150 native, broadleaf trees on his land. 

He is charged that on dates between March 1, 2023 and August 31, 2023 at Adhyeevoge, County Donegal, he did attempt to commit offence, or aid, abet, counsel or procure the commission of an offence or solicit or incite any other person to commit an offence contrary to Section 69(1) of the Wildlife Act 1976. 

On the same date and at the same location, he did use or allow or cause to be used a mechanically propelled vehicle as an aid to the commission of an offence contrary to the provisions of Section 69(7A) of the Wildlife Acts 1976 and 2000. 

National Parks and Wildlife Service (NPWS) investigating wildlife ranger Emer Magee gave evidence of visiting the site after her colleague saw a machine clearing wild woodland scrub in the field.

“About 150 trees between 15 and 50 years of age had been felled,” she said. “This was quite substantial in my experience. I hadn’t seen clearance of that extent before.

“I mapped them and counted how many trees, species, then made contact with Cormac Byrne, landowner, and the digger driver.”

Mr Byrne admitted commissioning the digger driver to carry out the work. Charges against the digger driver were withdrawn at Wednesday’s court sitting. 

Ms Magee explained to the court that clearance of vegetation and uncultivated land during the growing season is against the law. 

A portion of the defendant’s statement was read out in court.

“I gave instructions to clear the shrubbery,” he said. “I didn’t know it was an offence. I don't have a farm planner. If you want me to plant trees again I will.”

Regarding the significance of the damage, Ms Magee said: “Because most of them were pere pulled out with a digger there was no chance of regrowth.

“They were all broadleaf trees, native beech, hazel and willow, all trees that have very high nature value. 

“We have the second smallest broadleaf trees coverage in Europe. Only Iceland has fewer.”

She outlined a widespread awareness campaign about the prohibition of cutting trees during the growing season. 

But, she explained, regardless of the time of year, Byrne would still have required a felling licence due to the size of the trees.

“If somebody wants to clear trees and a tree is over 7cm in diameter,it requires a tree felling licence unless it is a health and safety issue,” she said.

The court heard that Byrne is proposing to use a professional forestry restoration company to replant the area. 

Ms Magee said: “It is not within the remit of the act to request replanting.”

Judge Sandra Murphy acknowledged that the defendant had instructed his legal representative to act on his behalf, but she said: “It is a serious offence. He should be here to hear evidence.

“I note that he is making plans to restore forestry. But the damage is done.”

An order for prosecution costs of €7,134 was granted.

Judge Murphy adjourned the matter to December 4, saying the defendant needed to be present.