A council has accused the Department for Economy of being “in breach of its obligations” over mineral prospecting licences.
Fermanagh and Omagh District Council was asked to consider a total of four prospecting licence applications from Flintridge Resources, Karelian Diamond Resources and Mount Castle Trust in May, which DE said it ‘intends to grant’.
But the council has raised a series of concerns including withheld information on the firms’ “full programme of works” and says it is “not known” how the Department considers the equality, good relations, sustainable development or rural proofing implications of the applications or what NIEA’s view is.
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In its response to DE, planners highlighted the “disproportionate impact” of mineral prospecting on FODC and DE’s consistent “presumption in favour” of such applications.
And said a “full Environmental Impact Assessment (EIA) and Habitats Regulations Assessment (HRA), is required at this stage” because of “a number of European Designations, protected habitats and species and Listed Buildings” in the areas concerned.
The response also urged them: “To note for future reference or consideration at a later stage, this is in direct conflict with the precautionary principle and the EIA Regulations which seek to avoid the splitting of a project into stages to avoid consideration of a full EIA.
“The Department as a competent authority is in breach of its obligations.”
Karelian Diamond Resources has applied for two new licences for an area including parts of West Tyrone, Mid Tyrone, Erne East, Erne North (KDRA2/22 and KDRA3/22).
Across both areas, the council identified three Areas of Special Scientific Interest (ASSIs) - Cranny Bogs, Tonnagh Beg Bog and Coolcran - two of which are also Special Areas of Conservation (SACs Cranny and Tonnagh Bogs).
They say there are also a number protected habitat and priority species sites within KDRA2/22 including peatland, woodland, local wildlife habitats and breeding waders.
Tempo Manor Historic Park, Garden and Demesne lies within KDRA2/22 as well as a number of historic sites and monuments, including listed buildings.
Flintridge Resources had a licence for Omagh, West Tyrone and Erne North which ended on July 18 and has reapplied (OMA1/22).
Five ASSIs - Straduff, TullyBog, Edenclogh Wood, Dunaree Hill and Tedd - are within OMA1/22.
Protected habitat and priority species sites including peatland, grassland, woodland, wildlife habitats, breeding waders and marsh fritillary butterfly were also identified along with historic sites, monuments and listed buildings.
Mount Castle Trust’s current license for West Tyrone ends on September 30, 2022 and they would like another (MCTA1 22).
The FODC site included in this application falls 0.6km to the west of the Sperrins Area of Outstanding Natural Beauty. Council also identified one ASSI - Fairy Water Bog lies within the lands which is also a RAMSAR site - and peatland, woodland, wildlife habitats, historic sites, monuments and listed buildings.
Council opposed all four licences, saying current legislation on mineral prospecting licences dates back to the 1960s.
Acknowledging the department’s current “review of both minerals and petroleum licensing policies” to ensure they are “fit for purpose” they have called on DE to hold back on making any decisions on the current applications until it is finished.
“The Council is of the view that the whole system of issuing licenses is fundamentally flawed,” they added.
Response proposer, Cllr Stephen Donnelly said: “We are right to express our concern at the lack of detail and transparency with the applications that are before us as such a deficit in clarity does feed into the mistrust and scepticism the communities we represent feel about these processes.”
Quoting figures from DE, Cllr Emmet McAleer who seconded the report, said: “Over 26% of our district council area is now covered in prospecting licences and applications - that’s completely unacceptable.
“There is an obvious, disproportionate impact on our local district council area and West of the Bann in general.”
Cllr Jospehine Deehan said: “I have no doubt chair of the huge detrimental effect that this exploration work will have on the quality of our environment and I think that adverse effect will be long lasting.”
Cllr Robert Irvine said his party [UUP] “has tried to take a reasoned approach in regard to prospecting”.
“I don’t appreciate the Department actually going ahead and proposing to grant licences in front of a review currently going on.
“It was noted in the report that the legislation framework the department is working in is probably not fit for purpose and needs to be updated.
“That aside, we are still trying to keep a reasonably open mind and in that regard I feel as a party we can’t support this position that the council is taking and therefore will be abstaining.”
Chair Barry McElduff said the maps obtained by Cllr McAleer from DE “might not actually reflect all of the current information, which would mean in this case its more than 26.07%.
“You make a strong point but it might actually be greater.”
The DUP also abstained from the vote to approve the response.
With no votes against it the recommendation was adopted.
A Department for Economy spokesperson said it “carries out an extensive assessment process when considering whether or not to grant a Mineral Prospecting Licence.
“This process is in line with the requirements of the Mineral Development Act (Northern Ireland) 1969 (legislation.gov.uk).”
They add, they are “fully aware of the need to ensure that any environmental impacts are addressed”.
Admitting a “significant number” of applications are West of the Bann, they say “mineral exploration can only take place where the geology allows”.
And they are not “considering the suspension of licensing at this time” until their review is complete.
“The Department considers its current licensing regime is sufficiently effective,” they added.
“In over 50 years of operation there has been no evidence of environmental, economic or other issues that would deem a moratorium necessary while the review is on-going... there is no indication that it would benefit the review process and would most likely be subject to legal challenge.
“It is also important to note that suspension of mineral licences by the Department would not impact gold or silver exploration or extraction, as these are licensed by the Crown Estate Commissioners.”
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