An environmental activist is considering bringing a application for an order staying ongoing excavation works linked to the construction of the proposed M3 motorway near the Hill of Tara.
Proceedings by Vincent Salafia aimed at securing the rerouting of the motorway away from the Hill of Tara will be mentioned before the President of the High Court tomorrow morning.
Mr Salafia will pursue one of two options available to him - apply for an early date for the hearing of his full action or a date for the hearing of an application to stay the ongoing excavation works pending the outcome of the full proceedings.
Mr Salafia said today he was considering both options with his lawyers. He expressed concern that the excavation works were continuing despite the legal proceedings.
Preliminary works involving topsoil stripping by mechanical excavators and metal detecting started last month along a sensitive section of the proposed motorway under the supervision of a consultant archaeologist retained by Meath Co Council and the National Roads Authority.
The proceedings by Mr Salafia were today mentioned briefly before Mr Justice John McMenamin for the purpose of joining the National Roads Authority (NRA) as a notice party. The judge joined the NRA to the action.
On July 4th last, Mr Salafia, of Dodder Vale, Churchtown, Dublin, secured leave from the High Court to bring his judicial review challenge. He claims it is not necessary for the M3 motorway, in order to be completed on time and within budget, to breach the Tara complex.
He says an alternative route between Navan and Dunshaughlin which was considered by the NRA and Meath County Council, offers a suitable alternative since it is 2.5 kilometres shorter and would not breach the complex.
His proceedings challenge directions given by Minister for the Environment Dick Roche regarding the treatment of 38 known archaeological sites along a stretch of the proposed M3 motorway.
Mr Salafia says the directions are in excess of the Minister's powers and are issued under the incorrect provisions of the National Monuments Amendment Act 2004.
In any event, he claims the relevant provisions are unconstitutional in that they fail to afford adequate protection for national monuments. He also claims the Minister failed to have regard to the State's obligations in regard to national monuments.
Mr Salafia contends that a number of archaeological discoveries made while Meath County Council was "test-trenching" for the road development should have led to those discoveries being declared national monuments.
The action by Mr Salafia is against the Minister for Environment, Heritage and Local Government; Meath County Council; the State; and the Attorney General, with the NRA now joined as a notice party.
A Supreme Court decision to be delivered later this month in separate proceedings concerning the controversial routing of the Southern Cross motorway near Carrickmines Castle could have a significant bearing on issues in the case.