EPA Prosecutes Clondrisse Pig Farm

On the 9th May 2008 at Killucan District Court, the Environmental Protection Agency took a prosecution against Clondrisse Pig Farm in relation to offences under Section 8 and Section 86(6) of the Environmental Protection Agency Acts 1992 and 2003 for breaches of its IPC Licence (Reg. No. P0383-01).

Judge John F. Neilan dismissed the case without prejudice, on technical grounds relating to the furnishing of certain documents relevant to the prosecution.  The Judge awarded the defendant’s costs of €12,500.

Clondrisse Pig Farm was granted an IPC licence (Reg. No. P0383-01) on the 25th day of August 1998, for the rearing of pigs.  The facility is located at Clondrisse Pig Farm, Clondrisse, Killynan (Pratt), Cloghan, Co.Westmeath.

Clondrisse Pig Farm were being prosecuted for alleged breaches of its licence conditions relating to landspreading activities and record management.

On the 9th February 2009, the High Court ruled in favour of the EPA, following a decision by the Board of the EPA to apply to have the matter of the dismissal of the District Court case judicially reviewed.

Hedigan J. made an order:

1. Quashing the decision of Judge Neilan;
2. Remitting the case to another judge of the District Court;
3. Declaring that Judge Neilan had acted ultra vires.