Save our Sperrins ensure mineral licenses revoked
“It gave our campaign confidence in the legal process and more hope going forward that justice can be done”.
This legal challenge also resulted in the first environmental Pro Bono Costs Order ever awarded in NI.
Issue:
When this map’s image file was opened on a laptop, there was silence in the PILS office.
While numbers and statistics can be persuasive, sometimes only a visual can fully communicate the public interest element that forms the core of a particular legal action.
That was certainly the case when Save Our Sperrins approached PILS for support in summer 2025. The campaign group had recently marked the auspicious milestone of a decade of organising to protect the Sperrins Mountains’ unique ecosystem.
Ever since Dalraidan Gold’s attempts to commence gold mining operations in the area of outstanding natural beauty became public knowledge, SOS and its community have been resisting the company’s attempts on multiple fronts. When the group was alerted to the Department for the Economy’s intention to grant seven mineral prospecting licences to several mining companies in May 2025, they began to investigate their legal options.
If granted, these mineral prospecting licenses would give the companies permission to conduct test drilling in an area equivalent to 25% of the entire landmass of Northern Ireland.
Ideas:
The Department had initially asked the public for its views on whether to grant the licences in January 2025. The sentiment of the responses was clear.
Of the 2,163 representations it received, 2,152 opposed the grant of the licenses. Four of those objections came from local councils within the proposed prospecting area.
In addition to lodging their own objection during that consultation process, Save Our Sperrins and Friends of the Earth NI approached PILS when the licenses were awarded to discuss their potential avenues for judicially reviewing the decision:
- Through the Pro Bono Register, PILS found a barrister who reviewed the relevant legislation and provided a written opinion on a pro bono basis
- PILS’ Director/Solicitor acted as Save Our Sperrins’ solicitor when they decided that they would lodge an application for judicial review
- The cost of lodging that application was also covered by the PILS Litigation Fund.
There is a clear procedure that must be followed when consulting on mineral prospecting licenses; the steps are set out in the Mineral Development Act (Northern Ireland) 1969. Section 11 sub-section 3 specifically states that “the Ministry shall notify its intention to do so by publishing in two successive weeks in the Belfast Gazette…”.
While not a household name, the Belfast Gazette is a vital publication. The official government newspaper of record contains legal, corporate and statutory notices – but crucially, did not appear to contain the required notification from the Department for the Economy on these seven licenses.
This was one of several issues Save Our Sperrins had raised with the Department in their written correspondence informing the Department of SOS’ intention to initiate legal proceedings.
While the Department did respond on 01 August, confirming that it had asked the companies to ‘relinquish’ the licences, Save Our Sperrins didn’t receive an update from the Department confirming that the request had been complied with. This left the group with no alternative but to continue with their legal challenge.
BBC News NI covered Save Our Sperrins’ action, as the group described feeling like “they have no choice but to get on with it and lodge the judicial review”.
Ultimately, the Department conceded the case because of its failure to follow the statutory procedure correctly. In media interviews, SOS described this admission as being “representative of our executive’s failure to carry out its proper duty”.
Impact:
As a result of SOS’ proactive legal challenge, all seven mineral prospecting licenses were revoked.
“The main change for our campaign was that Dalradian Gold had no longer permission to carry out exploration activities in two areas of the Sperrins. It gave our campaign confidence in the legal process and more hope going forward that justice can be done.”
– Cormac McAleer and Fidelma O’Kane, Save Our Sperrins campaigners
Not only were the seven mineral licenses revoked, Save Our Sperrins also created a piece of legal history: the Department agreed to pay the group’s court fees and to make further payments by way of a pro bono costs order (PBCO).
This is the first PBCO made in Northern Ireland under the Aarhus Convention Regulations.
Generally, a barrister or solicitor acting pro bono is not entitled to recover costs in the form of professional fees because the party that they are representing has not incurred costs in the form of professional fees. Under the Costs Protection (Aarhus Convention) Regulations (Northern Ireland) 2013, if a lawyer provides pro bono support in an environmental case and is successful, they can recover costs from the unsuccessful party. Unlike England and Wales, PBCOs are not available in this jurisdiction, except in Aarhus cases.
Testimony from Save Our Sperrins:
It made a huge difference having PILS involved as our group did not have the expertise or resources to apply for a Judicial Review. PILS guided us every step of the way. At the time, we, in Save Our Sperrins, were under additional pressure preparing for a Public Inquiry into the goldmining application, so without PILS support we would not have been able to apply for a judicial review.
– Cormac McAleer and Fidelma O’Kane, Save Our Sperrins campaigners