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

I thank the Deputy for these amendments. Section 31 provides the Minister with discretionary powers to make regulations regarding the granting and renewal of prospecting licences and retention licences, including the manner of making the application and the period a licensee has to hold a licence before being eligible for a retention licence.

Section 40 provides that the Minister may issue directives in regard to adherence to good environmental practice. Compliance with the directives with a be condition of prospecting and retention. I am aware that there is a general concern regarding the frequency of the review period for prospecting licences and that the view is that companies are somehow permitted to rest on their laurels. However, this is not the case. Currently, prospecting licences are granted initially for a period of six years and during the six-year terms of the licences every licence is subject to a formal review at two year intervals and thereafter on renewal.

In regard to environmental practice directives, it is envisaged that these would be prepared and reviewed as required. Due to the changing nature of legislation a review every five years might not be appropriate. These issues are only expected to arise on an ad hocbasis and may require the issuing of a directive to ensure compliance with specific obligations. In accordance with custom and practice, directives issued under this section will be reviewed at regular intervals to ensure that they remain relevant. The Department issues guidelines on good environmental practice in respect of mineral exploration activities.

In regard to amendments Nos. 2 and 4, I am advised by the Office of the Attorney General that it is more appropriate to use the term "may" rather than "shall" in relation to the making and reviewing of regulations and as such I do not propose to accept these amendments.

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