First as coal giant is fined for breaking environmental law

The firm built a new road on protected peatland which is part of the Muirkirk Uplands, a vast moorland site awarded special scientific significance in 2001.

Vehicles were already using the road, close to the Millstone Moss, by the time the authorities were alerted.

The fine was the first to be imposed by a Scottish court under legislation to protect such sites.

The area, one of the largest protected nature reserves in Britain, is renowned for its huge variety of upland habitats and breeding birds.

The Yorkshire-based firm runs the Grievehill site through a subsidiary, Aardvark TMC Limited and pled guilty at Ayr Sheriff Court to a charge of carrying out damaging operations on the site without the prior agreement of Scottish Natural Heritage.

The court was told the company, the subject of the first corporate prosecution under the Nature Conservation (Scotland) Act 2004, had already taken steps to repair the damage to the "peat slip" area.

Ross Johnston, SNH area manager, said: "The Muirkirk Uplands has some of Scotland's best peatland habitat and has high numbers of breeding birds, including hen harriers, short-eared owl and golden plover.

"While we regret that the damage happened at all, we welcome this successful prosecution in what was a highly complex case.

"We are committed to working constructively with developers to help find a balance between economic and environmental objectives. But this case highlights the need for developers to play their part if we are to deliver sustainable economic development on these sensitive nature sites."

Tom Dysart, area procurator-fiscal, who also leads efforts to prosecute wildlife and environmental crime cases in Scotland, said: "The Crown Office and procurator-fiscal service takes a robust approach to anyone caught breaking the environmental laws which exist to protect Scotland's rich natural heritage.

"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."

ATH, which produces more than two million tonnes of coal in the UK every year, currently operates four mines in Ayrshire and Dumfries and Galloway. It has run the site at Grievehill since 2005.

A spokesman for the firm said: "ATH Resources takes its environmental responsibilities seriously.

"We worked closely with the relevant statutory authorities, and other interested parties, to remediate the peat slip area as quickly and effectively as possible and in process, incurred significant cost.

"We accept that we failed to inform Scottish Natural Heritage as quickly as we should have, but this did not affect the overall outcome in terms of the slip or the remediation works. This was acknowledged by the court, and reflected in the penalty imposed on us."