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When Leesadee mentions a judicial review, at judicial review the opinions coming to a decision can't be challenged, only the process that was followed can be challenged on a technical point of law. In other words it could be thrown out only on a legal technicality....then the process begins all over again.
You're welcome Snowman :)
Thanks LEESA for that clarification.
Here’s the complete current process updated on Government website December 2018
When you initially apply DAERA allocates to a case officer
1. DAERA aim to determine 90% within 13 weeks of allocation…depending on complexity some may take longer…… (they aren’t kidding!)
2. Technical Assesment: This may include Environmental Impact Assessment (EIA), Habitats Regulation Assessment, Marine Conservation Zone assessment, Marine Planning Assessment, Water Framework Directive Assessment, Waste Framework Assessment or others, as required. Your case officer will request further information from you if required at this stage.
3. Consultation: Your case officer will instruct you on actions for advertisement if required. Your case officer starts consultation on the application, including any supporting documents and assessments. They’ll gather information from consultees and the public throughout this stage of the process. As responses are received, if the case officer considers that there is insufficient information to continue assessment or if new issues are identified, further consultation with the applicant and advisers may be required at this stage. If the case officer cannot progress the application, a case may be put on hold pending further information. In exceptional circumstances a case may be rejected. We’ll formally close the consultation once we have everything we need to make a decision. Please note: An application which also requires an EIA requires a minimum 6-week consultation. Non-EIA applications typically require a 4-week consultation.
4. All responses (public and consultees) considered at Stage 3 are evaluated and recorded. Any other assessments identified in Stage 2 are concluded and recorded. A decision document is prepared if required. A draft licence is prepared and shared with you. You will have an opportunity to clarify any points, if required. At the end of this stage, the application is approximately 2 weeks from the completion date.
5. Decision, recommendation and approval: The case manager undertakes a quality check of the decision, assessments, supporting documents and licence. Your case officer makes changes to the documents if required. The case manager approves the licence and all supporting documents for issuing. At the end of this stage, the application is approximately 1 week from the completion date.
6. Application Completion: The marine licence, decision documents and supporting information are sent to you and published on the public register. The application is closed.
7. Monitoring: Impacts and consequences of activity are monitored in accordance with any conditions on the marine licence. Please refer to our detailed guidance on monitoring for more details.
Evening guys, good research Snowman, and just a couple of extra points. Although technically a 42 day consultation, information is generally accepted by DAERA up to the point of sitting to form an opinion, so not necessarily just 42 days... Yes the applicant may be asked to submit further information, & any updated info would then come back to stakeholders / public for further consultation. Consideration can obviously take some time before any opinion is formed.
You are also correct only the applicant may appeal a decision by DAERA, but those possibly disagreeing with the issuing of a final marine license can apply for leave for a judicial review to challenge the opinion, where evidence would then be heard in court, so all parties have a route to challenge to any opinion formed..
No, it hasn’t started yet.
So has it yet been advertised and has the 42 consultation period commenced?
As I understand it, the 42 day consultation period hasn't changed. It's still 42 days to submit representations after it gets advertised in the local media. Then the government responds and gives opportunity for applicant to make any amendments if necessary before making a decision whether to grant it or not. The decision may be appealed but only by the applicant.
Thanks Snowman. Interesting reading and in line with my understanding in terms of overall process, appeal, timing. It is a real pity that we are starting the process now especially when it was previously stated on the website that all licenses were in place. Anyway the past is the past and the future is the future. If we can get the boxes ticked, with appropriate controls in place then it should be great news. The timeline JW has referred to does seem a bit faster than the timelines from 2016 especially when considering the 42 day consultation period. I say “we” since I am a lTH who has now accumulated about 25m. I am only concerned about the future and it makes no difference to me if that is 2 months or 12 months.
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He added: “If the marine licence was not issued, the project would need to identify another option to remove the brine from the solution mining process.”
A Department for Infrastructure spokesperson confirmed that “the two different consents (planning permission and the marine licence) would need to be approved before the proposal could commence”.
Lisa said she was “angry and desperately disappointed” that the council had not requested an independent marine assessment prior to the publication of the marine license applications.
“The call from the council meeting to request a marine assessment should have been acted on without delay, especially since they knew the proposal was time-sensitive,” she stated.
“The council should have been more vocal and proactive. The Gaelectric advert says that the public will have 42 days to respond to the marine applications, until June 21, which I don’t think is enough time.”
MEA Borough Council said the application was regionally significant, and it was “only being consulted” on the matter. However, it added that it “reserves the right” to request an independent public enquiry into Gaelectric’s proposal, and said this “can be sought at any appropriate time”.
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A lot has been said regarding the Marine Licence, some correct some incorrect. The article below from the Larne Times in 2016 when Gaelectric were applying, gives a good overall view of the issue.
I'm just putting this here so everyone has a comprehensive idea of the argument from both sides.
12th May 2016
Concern over Islandmagee power plant’s marine effect
Chair of the Stop Gaelectric campaign group, Lisa Dobbie, spoke out as the energy firm published three applications relating to the marine element of its £300 million Islandmagee plan.
This week’s Times features advertising publicising Gaelectric’s applications for a marine construction licence, a discharge consent licence and a licence to abstract/impound water.
The applications state that this will be limited to “abstract seawater at north-north west off the coast of the Ferris Point headland, for the purpose of solution mining salt caverns; discharge brine arising solution mining, into the sea at north-north east off the coast of Dundressan, Islandmagee; and construct the marine infrastructure required for abstraction and discharge purposes at the aforementioned locations”.
Gaelectric has already submitted a separate planning application for the power plant section of the project, which would store compressed air in underground salt caverns and release it to generate electricity when demand is high.
The proposal to pump brine (the waste by-product from the cavern excavations) into the sea off Islandmagee has caused concern among local residents over its potential effect on marine life.
At a meeting of Mid and East Antrim Borough Council’s planning committee on March 10, elected members voted in favour of Larne councillor Paul Reid’s motion to request that the Northern Ireland Environment Agency carry out an independent assessment of marine issues arising from the brine outlet pipe. The Times has learned that this was subsequently ratified at the planning committee meeting on April 7.
However, at the time of going to press the Department of Agriculture, Environment and Rural Affairs (DAERA) said that it had not yet received any request for a marine study from the local authority.
A DAERA spokesperson commented: “To date, DAERA Marine Licensing has not received correspondence from the council in relation to the request for independent assessment by a marine biologist in relation to the planning application.”
While planning permission is necessary for the terrestrial element of the scheme, marine licensing must be applied for regarding activity between the mean high water spring tide, out to 12 nautical miles. Only the applicant can appeal any decision on the licensing schemes.
The DAERA spokesperson said that if planning permission were to be forthcoming, it could be issued before a marine licence is determined, and that it is aiming to process Gaelectric’s marine applications by August.
Importance with regards to the "marine License" due to extreme importance, the project will die without it, no doubt of that
There will be an avalanche of buying when first bit of news hits the printing press. The SP is an absolute gift here.
great to see buying.
So you keep on repeating? we heard you the first time.
Question, why are you placing such speculation merely on the licence??
Surely the key here is the funding announcement is it not? the licence is a shoe in once the public consultation period is completed.
IMO; this share could dip to 0.3 if no news on the marine license by end of this month
Totally agree, no updates required here until concrete news is available.
I keep on stating that there won't be any such news until September onwards. I'm hoping for a news rich period leading up to year end, the slightest sniff of positive news and the sp will react very well. It's way oversold now and must be at the absolute bottom but I don't believe we will see much interest for the forseeable. Sit tight and wait. This could be back in the mid pennies in no time at all with the right news.
Unless the update RNS is going to chalk off a key milestones Offtake Term Letter converted to IGA, Equity Funding, New Chairman, Marine Licence Public consultation period started, or anything else material then I would suggest there is no point in issuing an update just for the sake of an update, as it will just nudge the SP further down. IMO.
I have taken a couple of chunks in at the suppressed prices just now and Tuesday.
can you short sell this stock?
currently showing no short positions on this site
I know market makers will play it long and short
where would you get a borrow on this stock if you wanted to short it
The current position is dire because of lack of positive news which as we know is the kiss of death for any share on AIM & only encourages shorting of the stock.My challenge to JW is we now need an update RNS if only to tell us that all land has now been secured (I guess it is by now).I will also be tweeting this message to JW this morning.I now have this share as Hold but do have plans to sell one of my old Biotech shares (At great loss) to increase my holding to 2m but not yet.Time to act JW.
You're doing a sterling job on the share price as we continue down below 0.4
another aim scam?
Today SICapital removed Infrastrata from their webpage of clients
John ,nice but dim, must have forgotten his computer password...
Well, there is an opportunity in the price, let us not forget how high this will move on news. There is nothing worse than watching a share only to miss out on the moment it takes off.
Live price is .395 and has to be worth the punt at this level.
IMO; this share could dip to 0.3 if no news on the marine license by end of this month