Agreement reached on bird feeding grounds

A unique settlement has been reached in long-running legal proceedings between Coastwatch Ireland campaigner Ms Karin Dubsky and Drogheda Port Company over measures to provide adequate feeding grounds for wintering birds in the Boyne estuary.

Under the terms of the settlement, and in what Ms Dubsky described as the first initiative of its kind in the Republic, the port company has agreed to lease, on an indefinite basis, certain lands at Mornington, Co Meath, to Coastwatch Ireland for nature conservation, education and research. It is also to make a financial contribution to Coastwatch.

Both sides yesterday expressed delight with the outcome of the action, a view also taken by Mr Justice de Valera who, on the basis of the settlement, struck out the proceedings with an order for costs to Ms Dubsky.

Ms Dubsky said she was "absolutely delighted", and said the settlement marked "a significant step" by the port company.

"This is the first port company in the Republic that has given fields to nature conservation."

Capt Martin Donnelly, of Drogheda Port Company, said he was very pleased the sides had reached a settlement.

"This is an important step forward, and I would hope it's a building block to the further development of the estuary in environmental terms with all the stakeholders, including the non-governmental organisations, the regulator and the port company."

The long-running proceedings arose after dredging works were carried out by Drogheda Port Company in the Boyne estuary in an area near the Stagrennan Polder and part of a site designated as a special protection area for birds.

Ms Dubsky claimed the works interfered with birds and other marine life, and that the area where work was carried out was outside the area of foreshore for which work was permitted under a foreshore licence granted in May 1998.

The company denied the works were carried out in breach of the May 1998 foreshore licence or other covenants, and pleaded the works were authorised.

In several legal hearings, a number of orders were made and undertakings were given by the company in relation to providing alternative feeding grounds.

Ms Dubsky had alleged the company was in breach of an undertaking to the High Court to provide such feeding grounds.