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

I move amendment No. 27:

In page 74, lines 30 and 31, to delete “or the Environmental Protection Agency”.

In broad terms, Part 5 of the Bill is intended to address issues arising in respect of legacy mine sites. It empowers the Minister to designate an area as a rehabilitation area and allows for the adoption of a rehabilitation plan and for persons other than the Minister to exercise the functions of a rehabilitation authority. Section 135 permits the Minister to delegate the functions of the rehabilitation authority to a person, a local authority or the EPA under such terms as the Minister considers appropriate. Since the Bill was published, responsibility for the EPA has transferred to the Minister for Communications, Climate Action and Environment; therefore, the requirement under subsection (2) for the Minister to seek the written agreement of the now Minister for Housing, Planning, Community and Local Government before authorising the EPA to act as a rehabilitation authority is no longer appropriate. Amendment No. 27 reflects this transfer of functions.

Section 135(3) requires the rehabilitation authority to indemnify the Minister and the State in the exercise of its functions as a rehabilitation authority. Amendment No. 29 amends subsection (3) to exclude local authorities and the EPA from the obligation to indemnify the Minister and the State as they are emanations of the State.