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Sewage group query Foyle ownership 09.01.12

by Caoimhinn Barr, Inishowen Independent

A question over the ownership of the waters of Lough Foyle has thrown the proposed Moville sewerage treatment system into fresh doubt.
A group of locals opposed to the controversial plant think they have found a fresh chink in the Donegal County Council plan; namely that the waters surrounding east Inishowen are under the jurisdiction of the British Crown Estate.
In a recently published Compulsory Purchase Order [CPO] the Council signaled its intent to buy a section of Lough Foyle waters from the Irish Department of Agriculture, Fisheries and Food. But Community For a Clean Estuary spokesman, Enda Craig, believes the proposed move is not legal.
“The British Crown Estate considers itself to hold proprietary rights of the Foyle seabed but in this case, the Department of Agriculture, Fisheries and Food is claiming ownership. The waters are clearly disputed and the Department does not have the right to sell a section of water which it clearly doesn’t own in the first place,” he said.
“In the CPO the Department of Agriculture, Fisheries and Food is listed as the owner or reputed owner of the water in question but we have since discovered that reputed owners have no legal standing,” Craig added.
The Community for a Clean Estuary has opposed the pumping of sewage into the Foyle estuary for more than two decades and is currently awaiting a High Court date when it will challenge An Bord Pleanala’s ruling last year to give the Council project the green light.
“I really think that Donegal County Council won’t get past this one. No work can be carried out on the Foyle until the question of ownership has been cleared up. If they want to run a pipe from A to B then they must have the proper permission of the owners, which in this case appears to be the Crown Estate. This has been another gamble by the Council, trying to get the sewerage plant through,” Enda said.
Enda Craig.
At a meeting last September Community For a Clean Estuary supporters vowed to continue to fight to block the Council from pumping effluent into Lough Foyle.
To date the group has successfully delayed the project for a generation and hopes to scupper it completely at the High Court later this year.
Inishowen’s seven county councillors unanimously called for an independent inquiry into the Moville-Greencastle sewerage system at an electoral area meeting in Carn in November 2010. That inquiry has yet to take place.
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