Campaigners expect State to appeal kelp ruling
Campaigners opposed to a kelp harvesting operation in Bantry Bay have said they expect the State will appeal a decision last week by a High Court judge blocking the plan to the Supreme Court.
Last week Ms Justice Deirdre Murphy set aside a judgment she gave last year in relation to a challenge concerning the reports required to act on a foreshore licence in Bantry Bay. The licence had been granted in 2014 to kelp Tralee-based harvesting firm BioAtlantis Aquamarine Ltd which extract bioactives from seaweed.
Ms Justice Murphy ruled the licencing process had not yet concluded by reason of the failure of the Minister to comply with his statutory obligations under the Foreshore Act 1933 (as amended) and said the only way mechanical harvesting of seaweed can be done sustainably is if the State first conducts trials on what the environmental effects will be.
"In this case the State has been the source of the problem," she said. "Perhaps now, it can be the source of the solution."
In a statement issued on Monday the Bantry Bay – Protect Our Native Kelp Forests group, which has consistently opposed the plan, welcomed the court's decision and said any attempt by the state to address the issues raised could allow the entire licencing application process to be challenged "in its entirety".
"This has been a massive community effort," a spokesperson for the group said. "Even though this is a huge victory it is unfortunately expected that the Minister will appeal this decision to the Supreme Court."
At last week's High Court hearing Ms Justice Murphy said the state failures were "hugely regrettable" for BioAtlantis, "who have complied with every request of the State during the licencing process and who have expended very significant time and resources in doing so."
