MANAGEMENT at Bandon Co-Op have given an undertaking in court not to use a hydroelectric plant at Coolfada and to notify any future owner of the same.

A prosecution was taken by Inland Fisheries Ireland (IFI) against Bandon Co-op Society last year over issues relating to fish getting stuck in a hydroelectric scheme on the Bandon River due to the absence of gratings.

The IFI said that between October 16th 2023 and November 17th 2023 at Coolfada, the defendants failed to place grating at the point of divergence, contrary to Section 23 (1a) of the Fisheries Consolidation Act.

The matter was adjourned to monitor progress and it came before Judge John King in recent weeks for finalisation and to agree costs.

At the most recent court sitting, solicitor Vincent Coakley, representing the IFI, told Judge King that over the last 15 months legal costs have increased to €10,840.

Defence solicitor Plunkett Taaffe reminded the court that the case was contested at the time on the issue of what constituted the point of divergence. He said there were three different points.

Mr Taaffe also said the board had an issue with where the new screen should be located as well as the cost of it.

‘It’s an enormous amount of money and that’s what is required,’ said Mr Taaffe. He said this hydroelectric scheme was a project developed by a local volunteer group.

‘They applied for planning to establish an electrical generator centre. They bought it and then it became redundant and electricity was being given to St Michael’s Centre,’ said Mr Taaffe.

‘Bandon Co-op Society Ltd took it over and then found themselves being prosecuted by the IFI. This was never a commercial enterprise. Unfortunately, St Michael’s won’t get any electricity and my clients won’t utilise it and it will lie idle.’

Judge King directed Bandon Co-op to pay half the costs at €5,420, while Noel Finn from Bandon Co-Op undertook not to use or operate the plant and gave a further undertaking to notify any future owner or leasee of the same.

Judge King said that based on that undertaking and the fact that costs were agreed he would strike out the matter, with liberty to re-enter in the event of an alleged breach of the undertaking.