Noel Dempsey (Meath, Fianna Fail)

I move amendment No. 107:

In page 45, between lines 37 and 38, to insert the following:

21.—(1) Where the Minister or a local authority is of the opinion that, in respect of the site of a former mine, the rehabilitation of the site—

(a) is wholly or mainly necessary for the purpose of public or animal health or safety, for the protection of the environment or is otherwise in the public interest, and

(b) it is not feasible to expect that the site will otherwise be rehabilitated within a reasonable time having regard to paragraph (a),

then the Minister, a local authority as agent of the Minister under section 23 or a local authority acting on its own behalf with the consent of the Minister—

(i) may prepare a plan for the long-term rehabilitation of the site ("mine rehabilitation plan"), and

(ii) may implement the mine rehabilitation plan.

(2) A mine rehabilitation plan, whether or not implemented, may be revised from time to time—

(a) by a local authority acting as agent of the Minister under section 23(1),

(b) by the local authority concerned with the consent of the Minister,

(c) in any other case, by the Minister.

(3) Nothing in this section shall be read as affecting any obligations of—

(a) the person who operated the mine, or

(b) the owner or occupier of the site of the former mine in respect of the former mine, or

(c) any other person who otherwise has obligations in respect of the site of the former mine.

(4) In preparing a mine rehabilitation plan, the Minister or a local authority (as the case may be) shall consult with each of the following, if reasonably ascertainable:

(a) the owner or occupier of the site of the former mine;

(b) the owner or occupier of any land which is affected by the site of the former mine or over which access to the site might be required;

(c) any other person who may have obligations in respect of the site of the former mine,

and may consult such any other person, including any group or association of persons, as the Minister or the local authority (as the case may be) considers appropriate in the circumstances.

(5) In revising a mine rehabilitation plan, the Minister or a local authority (as the case may be) shall, where appropriate, consult with the each of the persons referred to in subsection (4).

(6) Nothing in this Part shall be read as requiring the Minister or a local authority (as the case may be) to implement a plan prepared under this section.".

See this speech in context