Iarnród Éireann has been accused of damaging The Murrough wetland on the Co Wicklow coast by erecting a fence topped by barbed wire along the seaward side of the Dublin-Rosslare railway line.
No formal application for the work was made to either Wicklow County Council or the Department of the Environment, apparently on the basis that Iarnród Éireann owns the land and maintains that it is a "health and safety" issue.
Local resident and environmentalist Sylvia Broadstock claims that, apart from the impact on the landscape, sea defences have been irreparably damaged in an area where extensive coastal defences were put in place within the last two years.
In response to her complaint, Ms Broadstock was told in an e-mail by Colin Hedderly, assistant divisional engineer in the rail company's infrastructure division, that it had "a responsibility to provide fencing" along the line in the interests of public safety.
"Reports received from our staff about people they have put off the tracks are a cause for concern.
For example, in one instance a bird-watcher had set up a tripod with camera across the tracks, clearly an act of stupidity."
Mr Hedderly said trespass on a railway line endangered both the safe passage of trains and the life of the trespasser.
He added that Iarnród Éireann owned the lands up to the high-tide mark along the coastline north of Wicklow town.
He said a contractor has been asked to place the new fence as near as possible to the line of the old fence, of which only the old posts were visible.
While there would be "some impact in the immediate vicinity", this was being kept to a minimum.
Ms Broadstock told The Irish Times that she had walked "this wonderful stretch of coastline" for 20 years and there was no fence during that time.
"Nobody has ever been hit by a train in this area or jumped in front of one."
She queried if Iarnród Éireann was aware of the implications of The Murrough's designation as a protected area under the EU habitats directive because of its relatively rare saltmarsh habitat and that it supported a number of protected bird species.
Under the habitats directive member states are required to maintain or restore the favourable conservation status of the habitats and species listed in its annexes, and this can have "wide-ranging implications" for certain land use practices.
Special areas of conservation can only be carried out with the consent of the Minister for the Environment, Heritage and Local Government.
"These Government and EU directives must be adhered to by all, whether a private individual or a corporate body," Ms Broadstock said.
"Ownership of the land does not absolve one from obeying these directives."
