Dalradian Gold has had six pollution incidents in the prospecting phase of their plans to mine in the Sperrins, a Stormont committee heard on Thursday.
Northern Ireland Environment Agency bosses were called before the Department of Agriculture, Environment and Rural Affairs sub Committee to explain their oversight of the mining firm.
It followed a Spotlight programme about the Canadian firm which has been operating near Greencastle, Co Tyrone for over 10 years.
It hopes to mine precious metals in the Sperrins Area of Outstanding Natural Beauty but a decision on the Planning Application has been held off until a public inquiry by the Planning Appeals Commission.
Many in the community oppose the mine over environmental and health concerns while others support the jobs and investment promised.
NIEA scientist, Neil McAllister, told AERA members they regulate Dalradian’s discharge consents and water abstractions and “have been regulating that site appropriately” despite claims to the contrary.
He told MLAs of six pollution incidents involving the mining company, five of which were low level and one medium, and said the firm received a ‘warning’ for the latter and ordered to pay costs.
Mr McAllister said NIEA have monitored Dalradian discharges every month since 2012 and that the water quality of the river and burns they flow into are still rated good.
But he also admitted following a question from Green Party leader Clare Bailey the status of downstream Owenkillew River, which is a Special Area of Conservation for the pearl mussell and Atlantic Salmon, is rated “unfavourable”.
There was no suggestion this is as a result of Dalradian’s upstream discharges.
Ms Bailey asked if he is content “everything is in order” in relation to priority habitats and species.
He said: “We are still in a process in terms of the full planning application. There’s been a few back and forths... it’s got to a stage where DfI feels it has got to the point where it can be issued to the Planning Appeals Commission.
“I think there’s issues still to be resolved, there’s big issues on our side in relation to discharges that are yet to be confirmed.”
Fermanagh and South Tyrone UUP MLA Rosemary Buchanan questioned why NIEA did not repsond to criticisms levelled by Spotlight.
Mr McAllister said: “A response was prepared but may be possibly because of the timings involved it wasn’t able to be cleared in time.”
Mid Ulster SDLP MLA Patsy McGlone probed further on claims from international mining expert Professor Emerman that he has “never interacted with a regulatory agency that is so incompetent as NIEA”.
“Obviously no one likes to hear criticism but everyone is entitled to an opinion,” added Mr McAllister.
“In terms of the site to date, the Water Quality in the Owenkillew and the tributaries remained stable throughout the whole period that Dalradian have been operating and some elements have improved.
“That to me sends a picture of regulating that site appropriately.”
He also told the committee he believes NIEA has the expertise to oversee the mine, if approved, and that they can call on other bodies and experts where needed.
A spokesperson for Dalradian said: “The Committee hearing was prompted by claims made in a television programme broadcast in 2021 that Dalradian rejected as unfair, unbalanced and simply inaccurate.
“Today’s evidence provides a welcome and factual portrayal of how Dalradian’s operations co-exist in tandem with the local environment.
“We welcome the opportunity the Committee provided for NIEA officials to set the record straight under questioning, particularly the confirmation that there have been no breaches of water discharge consents or abstraction licence pertaining to the Dalradian project.
“Due to the long-term nature and extent of NIEA’s testing, we are also pleased that officials confirmed that water quality in nearby watercourses has not only retained good standards but has improved to a high standard in some regards.
“Dalradian has excellent standards of environmental management and corporate governance. We carry out rigorous, independently verified monitoring of a 30-km local river network over and above our regulatory requirements.
“We look forward to the public inquiry where all of these matters will be fully considered by the Planning Appeals Commission.”
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