IN THE MATTER OF AN APPLICATION BY NO GAS CAVERNS LIMITED AND FRIENDS OF THE EARTH LIMITED FOR JUDICIAL REVIEW30 Aug 2023 15:27
PART 1 recap for No Gas Caverns Vs Island Magee Energy Limited on 31 March 2023
HUMPHREYS J residing: (Same Judge for tomorrow)
Introduction
[1] In this application for judicial review, the applicants challenge the decision of
the Minister for the Department of Agriculture, Environment and Rural Affairs
(βDAERAβ) to grant a Marine Construction Licence, a Discharge Consent and an
Abstraction Licence to Islandmagee Energy Limited. These permissions are
associated with the development of a gas storage facility at Islandmagee.
[2] The first applicant is a company formed by a group of local residents opposed
to the development whilst the second applicant is a well-known campaigner on
environmental issues.
[3] The parties have now filed extensive affidavit evidence and the application
will proceed to full hearing in May 2023. In advance of this hearing, the applicants
have brought two interlocutory applications:
(i) To strike out parts of the respondentβs evidence, pursuant to Order 41 rule 6
of the Rules of the Court of Judicature (NI) 1980 (βthe Rulesβ); and
(ii) For production of an unredacted version of a ministerial submission dated
31 March 2021, pursuant to Order 24 rule 14 of the Rules.
CONCLUSION
[36] Both the applicantsβ applications are dismissed, and I will hear the parties on
the question of costs.
Current Score : 1-0 H&W π€