FORMER SDLP Minister Mark H Durkan twice rejected the advice of officials to stop unauthorised sand dredging on Lough Neagh, a court has heard.
A Belfast court was told on yesterday (Tuesday) that the Foyle MLA been “shirking his duties and responsibilities” in deciding not to halt the sand extraction.
The lough is a recognised bird habitat with European Union protection.
Sand has been extracted from the lough for years without planning permission.
In 2015, Mr Durkan issued an enforcement notice but it was appealed to the Planning Appeals Commission allowing sand extraction to continue pending the outcome.
That appeal is still pending.
Friends of the Earth have taken a judicial review at the High Court in Belfast of the minister’s decision not to issue a stop notice.
Former Environment Minister Mark H Durkan accused in court of ‘shirking his duties’ over dredging on Lough Neagh
It would have required an immediate cessation and could only have been challenged in the courts.
Earlier the court was told that unregulated sand extraction was a “flagrant breach”, which one would not have expected in even the “most primitive dictatorship”.
A barrister for Friends of the Earth said Mr Durkan’s decision not to issue a stop notice when he did not know what impact the dredging was having on the lough was “bizarre”.
He said it was contrary to the precautionary principle in EU law which said development should not be allowed at protected sites unless it could be proven it was not having a detrimental impact.
He added Mr Durkan’s decision to delay a decision on the stop notice to seek more information on the environmental impact of dredging was turning EU law “on its head”.
The barrister said it appeared a “slow game” was being played out.
The intention, he claimed, was to use the appeals process to continue sand extraction unhindered.
He said it could be 2017 before that process concluded.
“As long as the department lets them get away with it, that game will continue,” he said.
The sand companies had been afforded several opportunities to make a planning application but none have been made.
The court was told the way in which the case had been handled left the Northern Ireland planning system open to “ridicule”.
The sand industry extracts around 1.7m tonnes from the bed of Lough Neagh every year, worth around £5m.
It employs around 150 people directly.
The hearing continues.
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