Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 140: To ask the Minister for the Environment, Heritage and Local Government the intended commencement date for section 75 of the Planning and Development (Amendment) Act 2010 (S. 261A of Consolidated Act) in relation to the control of quarries and in particular the submission of substitute consent applications to the board; and if he will make a statement on the matter. [45718/10]

Ciarán Cuffe (Dún Laoghaire, Green Party)
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The Planning and Development (Amendment) Act 2010 contains a number of substantial amendments to the 2000 Act, including: provision for a new "substitute consent" procedure to allow projects that would have required environmental impact assessment to be retrospectively regularized in exceptional and very limited circumstances by way of a "substitute consent" procedure; the incorporation of requirements of the EU Habitats Directive into the development plan and planning consent processes; and provision for a new examination of the planning status of quarries, including public consultation procedures, following which some quarries may be required to apply for substitute consent or may be required to cease operation.

My Department is currently preparing consequential amending regulations which are required before some of these provisions can be commenced. Acknowledging the complexity of the new provisions relating to quarries, my Department is also preparing detailed guidance on these new provisions, in consultation with key stakeholders including planning authorities and industry representatives.

I expect that the enabling regulations and the associated guidance on the new quarry provisions will be finalised in the coming weeks, with the intention of commencing the relevant provisions of the 2010 Act, including section 75, as soon as possible thereafter.