Bandon River works continue on river despite legal threats
In-stream works are set to continue in the trout- and salmon-spawning Bandon River as part of the West Cork town’s €16m flood defence project, despite the threat of legal action.
It follows confirmation yesterday that the commissioners of the works, the Office of Public Works, has no obligation to comply with the Fisheries Act.
The OPW said the in-stream works have been extended for a limited period this year due to “exceptional low flow conditions”.
A spokesman said the works will “only proceed for a maximum of ten hours in each working day”.
Large earth-moving excavators and trucks have been operating in Bandon’s river channel beyond an October 1 deadline, despite the scheme’s own planning documents stating such works should be restricted to between May and September to minimise the impact on salmon.
The documents say such in-stream work is “generally not permitted” in salmon-spawning areas between October and March because it is a sensitive time.
Solicitors for the organisation Friends of the Irish Environment wrote to the OPW on Tuesday threatening legal action unless the work was halted.
In a statement on its website and following queries from the , Inland Fisheries Ireland that it was informed almost three weeks ago by the OPW that it intended to continue the in-stream works beyond the end-of-September deadline.
The OPW issued the notification to Inland Fisheries Ireland on September 28, two days before the deadline.
The extended works are planned to continue until mid-November.
Environmentalists have flagged their concerns with the European Commission’s Environment, Maritime Affairs, Fisheries, and Transport Directorate.
A spokesman for the directorate said while it is aware via social media of the works, it has not yet received a formal complaint.
Until such a complaint is received we will not be in a position to begin to assess whether an alleged infringement of EU law has taken place,” he said.
The scheme includes flood defences, rock armouring and the dredging of some 150,000 cubic metres of material from a 3.6km stretch of the river bed. The OPW said a dedicated environmental specialist advised on the construction contract, and that sediment, turbidity, temperature, and pH levels are being monitored consistently, and fish rescue plans are in place in event of an unplanned incident.
