Mr. Brian Breslin:

The ancillary rights provisions are not greatly different from what was there before. They have rarely, if ever, been used. They certainly have not been used in my lifetime and I have been in that area for over 20 years. It really deals with a situation where a mine of national importance is prevented from going into production because rights cannot be obtained by agreement to construct a roadway to it for instance, or the main portal or a number of different scenarios like that which are not actually extracting minerals. But there is a heavy onus on the developer to use his best endeavours to reach agreement before applying to the Minister to use compulsory powers. The Deputy mentioned water rights. That is a matter which is addressed through the planning regulations. Before a mine goes into production all activities, even those covered by ancillary rights, will be part of the development of the mine as described in the environmental impact statement. That will be examined in thorough detail in the planning process. The conditions relating to making provision for alternative water supplies are all planning conditions.