
DIRECTORS’ REPORT
30 JUNE 2026
(Continued)
12 BERKELEY ENERGIA LIMITED
The appellants subsequently filed administrative appeals against the AEUL and the UL at the first instance courts
in Salamanca. The administrative appeals against the AEUL and UL were dismissed in September 2022 and
January 2023 respectively.
One of the appellants subsequently lodged appeals before the TSJ, with the TSJ delivering judgements in
December 2023 to revoke the first instance judgements and declare the AEUL and the UL null.
The Company strongly disagrees with the fundamentals of the TSJ’s judgement and having previously submitted
cassation against the TSJ judgements before the Supreme Court under Spanish law to defend its position. BME
has withdrawn the appeals to preserve the Group’s rights under international arbitration.
Further, various appeals and adverse judgements have also been made against other permits and approvals (such
as the waste water discharge permit) the Company had previously received for the Salamanca Project, as allowed
for under Spanish law. The Company expects that further appeals will be made against these and any future permits
and approvals.
However, the successful development of the Salamanca Project will be dependent on the granting, or re-granting
of all permits and licences necessary for the construction and production phases, in particular the grant of NSC II,
UL and AEUL which will allow for the construction of the plant as a radioactive facility. In this regard, the Company
has entered into an advisory agreement on a fixed and success fee basis to assist with the grant, or re-grant, of all
permits and licences necessary for the construction phase at Salamanca.
However, with any development project, there is no guarantee that the Company will be successful in applying for
and maintaining all required permits and licences to complete construction and subsequently enter into production.
If the required permits and licences are not granted, or are granted, appealed against and withdrawn (as in the case
of the UL, AEUL and surface water capture and waste water discharge permits), then this could have a material
adverse effect on the Group’s financial performance, which could lead to a reduction in the carrying value of assets
which may materially jeopardise the viability of the Salamanca Project and the price of its ordinary shares.
• The Company may not successfully acquire new projects – In conjunction with seeking to overturn the negative
MITECO decision through international arbitration, the Company is also searching for and assessing other new
business opportunities at the Salamanca Project, as well as new business opportunities in the resources sector
which could have the potential to build shareholder value. These new business opportunities may take the form of
direct project acquisitions, joint ventures, farm-ins, acquisition of tenements/permits, or direct equity participation.
The Company’s success in its acquisition activities depends on its ability to identify suitable projects, acquire them
on acceptable terms, and integrate the projects successfully, which the Company’s Board is experienced in doing.
However, there can be no guarantee that any proposed acquisition will be completed or be successful and the
Directors are not able to assess the likelihood or timing of a successful acquisition. If a proposed acquisition is
completed the usual risks associated with a new project and/or business activities will remain. Further, any new
acquisition may require the establishment of a new business.
The Company’s ability to generate revenue from a new business will depend on the Company being successful in
exploring, identifying mineral resources and establishing mining operations in relation to a new project. Whilst the
Directors have extensive industry experience, there is no guarantee that the Company will be successful in exploring
and developing a new project.
• The Company’s activities are subject to Government regulations and approvals – The Company’s exploration and
any future mining activities are dependent upon the maintenance and renewal, from time to time, of the appropriate
title interests, licences, concessions, leases, claims, permits, environmental decisions, planning consents and other
regulatory consents which may be withdrawn or made subject to new limitations. The maintaining or obtaining of
renewals or attainment and grant of title interests often depends on the Company being successful in obtaining and
maintaining required statutory approvals for its proposed activities. The mining licence for the Salamanca Project
was granted in April 2014 and is valid until April 2044 (and renewable for two further periods of 30 years each).
Given the current permitting situation at the Salamanca Project, the Company applied for, and has been granted a
temporary suspension of activity work at the Retortillo mining licence by the regional mining authorities, whilst the
NSC II related and abovementioned appeals processes are ongoing.
The Company closely monitors the status of its mining and exploration permits and licences and works closely with
the relevant government departments in Spain (as discussed above) to ensure the various licences are maintained
and renewed when required. However, there is no assurance that such title interests, licenses, concessions, leases,
claims, permits, decisions or consents will not be revoked, significantly altered or not renewed to the detriment of
the Company or that the renewals and new applications will be successful.
If such title interests, licences, concessions, leases, claims, permits, environmental decisions, planning consents
and other regulatory consents are not maintained or renewed then this could have a material adverse effect on the
Company’s financial performance and the price of its Ordinary Shares.
There can also be no assurances that the Company’s interests in its properties and licences are free from defects.
The Company has investigated its rights and believes that these rights are in good standing. There is no assurance,
however, that such rights and title interests will not be revoked or significantly altered to the detriment of the
Company.