Seán Kyne (Galway West, Fine Gael) | Oireachtas source

Section 82 provides that where the tonnage or value of State owned minerals in a location is small and where it is more efficient to do so, rather than granting a mining licence, the Minister, with the consent of the Minister for Public Expenditure and Reform, may sell such minerals with these minerals becoming excepted minerals. In other words, the Minister would not have the exclusive right to work them. The provision was originally intended as enabling the efficient development of small-scale State owned mineral deposits.

On Committee and Report Stages in the Seanad, Senator Trevor Ó Clochartaigh of Sinn Féin opposed section 82 on the grounds that he did not wish to see privatisation of State mineral assets, no matter how small. He considered it would be better for such minerals to be vested in the Minister and for a mining licence to be required for their development.

On Report Stage in the Seanad, the Minister of State, Deputy McHugh, accepted an Opposition amendment to delete section 82. However, for procedural reasons in the Seanad, the amendment fell. The proposed Government amendment now effects the deletion of section 82.