THE European commission is taking Ireland to court for failing to stop unauthorised quarrying.

The case was lodged in the European Court of Justice following a complaint by Friends of the Irish Environment (FIE) about an unauthorised quarry in Co Galway, from which karst limestone has been removed. The rock formation, similar to that in the Burren, is protected under European law.

Welby’s Quarry at Ballynahallia, in Moycullen, is in an area known as the little Burren. FIE sent photographs to the commission showing quarrying in the area.

FIE says the quarry began full production in 1995 to supply stone for the N59, the Galway/Clifden route that was 85% funded by the EU.

An Bord Pleanala ruled in 2002 that the quarry was operating without the necessary planning permission, but it is still being worked and its materials have even been used by Galway county council.

“Here we have a local authority purchasing the habitat it is supposed to be protecting to use for its roads,” said Tony Lowes of FIE. “It makes no sense.”

The commission has also received complaints from An Taisce about material from other unauthorised quarries being used in the construction of EU-funded roads in Monaghan and Westmeath. These are likely to be included in the case.

“The state is funding the National Roads Authority (NRA) and local authorities without ensuring that they are complying with European law,” said Ian Lumley of An Taisce.

In a letter of formal notice the EU’s environment directorate points out that “aspects of the Irish legislation and administrative practice give rise to nonrespect” for the environmental impacts assessment directive.

Lowes said unauthorised quarries were “hugely damaging” to the environment and to amenities because of dust, machinery noise and explosions. “There can be serious consequences for ground water through equipment leaking diesel when they are down below the water table, especially in limestone areas,” he said.

“More than half of Ireland is limestone and in the karst areas there are cracks in the rock that allow pollutants to travel long distances and which can contaminate drinking water at a great remove from the quarry.”

Lumley said the EIA directive was being breached. “Quarries are being allowed to expand beyond their operating bounds without planning control. Where quarries are granted planning permission, conditions are not being enforced and public bodies, including local authorities and the NRA, are purchasing quarry material without vetting the legality of its source.”

Galway county council has admitted it purchased stone from the quarry on a number of occasions since February. This is despite the fact the council served an enforcement notice on the operators, M&M Caireal Teoranta, in February 2003 after An Bord Pleanala said the quarry did not have the necessary planning permission.

The quarry operators have taken a judicial review case to the High Court, which is still pending, seeking to quash the enforcement order.

Michael Welby, one of the owners of the quarry, said: “I don’t have anything to say to you.”

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