The Save Ballyness Bay Action Group has confirmed this morning it is seeking a judicial review of a decision to issue a number of aquaculture licences for the bay.
In November 2019, the then Minister Michael Creed announced the granting of 14 aquaculture licences, on Ballyness Bay, which has been designated as a Special Area of Conservation.
Following a number of local meetings, the action group was established, and it prepared a detailed appeal to A.L.A.B., the Aquaculture Licences Appeals Board.
The Covid 19 pandemic slowed down the process, and in May of this year, A.L.A.B. confirmed the Minister’s decision, with some minor amendments, in respect of 12 of the licences. The only means of challenging this decision is to seek a Judicial Review in the High Court, and following legal advice, the Group says it has decided to proceed.
A fundraising appeal has been issued, with the group saying Court proceedings are costly, and stressing they require the support of the local community, as well as others who are keen to protect the integrity of the Bay.
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Release in full –
SAVE BALLYNESS BAY SAC ACTION GROUP
In Spring 2019, the local community in Cloughaneely was shocked to learn that the Minister for Agriculture, Food and the Marine had designated Ballyness Bay, a Special Area of Conservation, as a location for industrial aquaculture. The reaction of the community was to overwhelmingly oppose this as an attack on it’s environmental heritage and especially on a highly treasured amenity enjoyed by both local people and tourists.
An Action Group was formed to make every effort possible to protect the Bay. This involved intensive interaction with the Minister and the Department, analysis of national and EU environmental legislation, critical scrutiny of and comment on reports issuing from the Department, meetings with political representatives at local and national level, and an awareness campaign at community level and in the local and national media. Widespread support came from within the community and far beyond.
In November 2019 the Minister announced the granting of 14 of the aquaculture licences in accordance with his earlier stated intentions. The SBB Group immediately set about preparing an appeal to the Aquaculture Licences Appeals Board (ALAB). Intensive effort meant that this technically detailed and complex document was presented to ALAB on 30 December 2019, to meet the very tight deadline set by the Board. The Covid lockdowns in 2020 meant that public activities by the Group were curtailed, but work continued in the background.
On 22 May 2024, ALAB announced it’s confirmation of the Minister’s decision, with some minor amendments, in respect of 12 of the licences granted, covering just over 20 hectares (49 acres) of the Bay. The only means of challenging this decision by ALAB is legally, by way of a Judicial Review in the High Court. Having considered the matter carefully, and following legal advice, the Group has decided that it has an obligation to the community, in accordance with it’s original mandate, to pursue this cause as far as is possible.
The Group has therefore initiated the process of a Judicial Review in the High Court. Since the issue is now subject to Court proceedings, we will be making no further comment on the matter until the Court has issued it’s judgment.
From the outset of the campaign, members of the local community and the wider support base have made financial contributions to the cause. All such funds have been carefully managed and accounted for and have been applied solely in support of the actions outlined above, and all the work carried out by the Group has been done on a purely voluntary, unpaid basis.
There are some funds still in the account, but Court proceedings are costly. Taking this action on behalf of the community requires the support of the community as well as others keen to protect the integrity of our Bay. We hope our supporters will help us to meet these costs by contributing to the Save Ballyness Bay fund we have set up on the iDonate.ie platform. You can do this by visiting the iDonate website, or via the links on the Save Ballyness Bay website and Facebook page.
In the happy event that we win the case and are awarded our costs, some of the legal fees incurred could be refunded. While it would be impractical to refund every single donation, we could refund larger donations of €50 and above. Any remaining money would be donated to local charities and the accounts published on our Facebook page and website.
