Crown and Procurator Fiscal Service New Release
26 July 2010
Coal mining company fined £10,000 for breach of environmental law
Aardvark TMC Ltd was today fined £10,000 after pleading guilty to an offence under the Nature Conservation (Scotland) Act 2004 section 19(3) and (5) at Ayr Sheriff Court.
The opencast mining company admitted failing to notify Scottish Natural Heritage (SNH) of work they were carrying out on a SSSI (Site of Special Scientific Interest).
The offence took place at Grievehill Open Cast coal mine near to Millstone Moss, New Cumnock, between 14 March 2008 and 14 August 2008.
Area Procurator Fiscal for Ayrshire, Tom Dysart, who is also the COPFS lead on Wildlife and Environmental Crime, said:
"COPFS takes a robust approach to anyone caught breaking the environmental laws which exist to protect Scotland's rich natural heritage.
"Aardvark TMC Ltd failed to obtain consent from Scottish Natural Heritage for the construction of a road and the associated use of vehicles on the Site of Special Scientific Interest.
"The fact that this case was placed on indictment, and would have been prosecuted before a sheriff and jury had the company not admitted its guilt, demonstrates how seriously these crimes are viewed by the Crown.
"This case also highlights the importance and value of joint working with other agencies, including in this case Scottish Natural Heritage and East Ayrshire Council."
Notes to Editors:
1. The SSSI in this case is known as the Muirkirk Uplands. The area was designated as a Special Protection Area (SPA) in 2001. This level of protection was awarded due to, firstly, the site's high quality peat land features specifically blanket bog areas, wet and dry heaths and acid grasssland which as a whole represents one of the finest examples of upland habitat within south west Scotland and, secondly, its ability to support rare bird species namely hen harriers, golden plovers, short eared owls and peregrines.
2. Aardvark TMC Ltd is a subsidiary of parent company ATH Resources.
3. ATH Resources is the third largest producer of coal in the UK producing over two million tonnes per annum. The company holds coal supply contracts with three of the UK's main electricity generating companies. The company is an AIM-listed operator of opencast coal mines and land remediation projects. It has four mines in production in East Ayrshire and Dumfries and Galloway and one major reclamation project in Yorkshire.
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