An order preventing interference with a site in Co Clare which is being investigated as a possible landfill area was issued by the High Court yesterday.
Clare County Council secured an injunction preventing residents or anybody with notice of the making of the order from interfering with access to lands at Ballyduffbeg, Inagh, which are the property of the Irish Forestry Unit Trust.
Mr Justice McCracken also granted an order preventing the defendants maintaining a picket at the entrance to the site so as to prevent access by representatives of the council.
Mr Daniel O'Keeffe SC, for the council, said it was in the process of selecting and evaluating a suitable landfill site. Under the Waste Management Act, 1996, the council had a waste-management plan and was selecting a site.
More than 60 sites had been looked at, and a shortlist of three was drawn up, counsel said. A consultant's report had indicated the Ballyduffbeg site was preferred for an environmental impact statement.
In an affidavit, Mr David Timlin, senior executive engineer with the council, said an EIS was preliminary to the preparation of a waste licence application.
Once such an application was made, it was considered on its merits by the Environmental Protection Agency. If the application was successful, the council would then have to acquire the lands compulsorily or by agreement.
Both in relation to the licence application and the compulsory purchase procedures, there were statutory procedures whereby objectors could be heard, he said.
But since March 8th last, the entrance to the site had been blocked and picketed, preventing access. Wrapped bales had been placed across the gates by protesters and gardai had been in attendance on occasions.
Mr Colm MacEochaidh, for the residents, said there was a motion before the council in relation to the Ballyduffbeg site. The residents were asking the councillors to say No to that site. Counsel submitted the present application for an injunction was premature and they should await the outcome of the council meeting.
Granting an interlocutory injunction, which operates pending the outcome of legal proceedings regarding the matter, Mr Justice McCracken said that anyone who prevented access to the site would be in contempt of court.