Duchas has intervened to halt the removal of sand from an EU-protected dune system in Co Donegal.
The Chief State Solicitor's Office, acting on behalf of Duchas, sent a warning letter to the owner of the land at Gweedore Bay on Friday and sand extraction has now stopped, according to a spokeswoman for Duchas, the Heritage Service.
The letter said the dunes system was a candidate Special Area of Conservation (SAC) and it was illegal to remove sand from the site. It warned that legal action would follow if the Chief State Solicitor's request was not obeyed.
The owner of the site refused to comment on the request from the Chief State Solicitor's Office.
The dunes in question are a "machair site" and are part of a very rare ecosystem of flora, fauna and insects. Machairs are the first sites to be developed by early settlers. They can only be found in parts of west Scotland and Donegal, Mayo and parts of Galway.
The SAC contains rare plant species, both protected and threatened. It is particularly significant for the birds it attracts.
"We have identified remnants of very early human habitation on some of these sites," said Mr Joe Gatins, Duchas regional manager.
"When they arrived by sea, they found these places to be the most habitable. However, these unique sites are at risk now, not only from this type of extraction but also from scrambler bikes driving over them and developments such as golf links and airports.
"People say you can replace the sand but you could never recreate the same flora and fauna that existed on the site."
He said it was too soon to say if this particular habitat had been irreparably damaged.
There are 363 candidate Special Areas of Conservation in the State. When an area is designated the landowner is notified and the fact is widely advertised locally.
Once the area is classified as a SAC the landowner must seek permission from Duchas to carry out any work on the site. Up to now there has been a lukewarm, if not negative, response to SAC designation from landowners. Those who oppose the designation of their land argue that the EU is taking away their rights by imposing rules on the way they farm.
Ironically, the controversy over this dune system has helped to make the public more environmentally conscious, according to Mr Gatins.
He said he had never got such a strong reaction from the public on a conservation issue. "I think we can see the beginning of a sea change in how people view the protection of their heritage.
"The SAC legislation is quite new to people and there are going to be teething problems but there has to be a balance. We will see the value of this legislation for generations to come.
"I think we have turned the corner in terms of these designations being accepted by the public. The sheer volume of phone calls from the public is evidence of that. Society is no longer willing to allow such habitats be destroyed." The penalties for ignoring the special conditions for these habitats are severe. Since SAC designations were introduced in 1997, three people have been prosecuted for breaking the law and three more cases are pending. These six cases occurred in Clare, Longford and Sligo.
One of the most high-profile cases happened last year when a Co Clare man received a four-month jail sentence for removing 90 lorry loads of limestone from the Slieve Carran area of the Burren.
This was the first time in the State that a jail sentence was imposed under conservation legislation.
Other penalties for unauthorised work in a SAC include hefty fines and an order to return the land to its previous condition, if practicable. Coastwatch Ireland has criticised the Government's lack of speed on this issue. Ms Karin Dubsky said sand removal had proceeded unhindered after Duchas had been notified.
"The danger is that the delicate ecosystem has been destroyed. The likelihood of dune restoration is virtually nil, despite the importance of the site and the known identity of the diggers," Ms Dubsky said.
She asked if there was anything to stop the same thing happening elsewhere.
"How will Duchas prevent this from happening again? The Government is aware but is not doing enough to stop it," she said.
