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

I thank the Deputy for raising the issue and understand his concern where there are major industries and damage to infrastructure. With regard to the damage caused by access and other mining activities, the relevant local authority has the key role. Mining operations are subject to planning permissions and the local authority engages with the company concerned on such issues. Planning permission is purely a matter for the relevant local authority. Outside of planning requirements, the Bill makes provision for compensation for any damage or nuisance caused by a mining licensee in section 98(1), which states:

Where the exercise of-(a) a right under a mining licence,

(b) an ancillary underground right, or

(c) an ancillary surface right,causes a nuisance, or damage to the surface of any land or to water supplies, the licensee is liable to pay compensation for such nuisance or damage.

In addition, section 79(1) provides that the Minister may make regulations setting out a number of conditions, including financial security. Section 79(1)(r) is the relevant paragraph, and refers to, "the provision of financial security in order to ensure that the licensee can pay compensation for damages or nuisance for which he or she may be liable under section 98".

These sections provide that the licensee has a strict liability to pay compensation in respect of any nuisance or damage caused and that financial security can be required from a licensee to ensure compensation is paid. The provisions as set out in sections 98 and 79(1)(r) take a broader approach than the Deputy's proposed amendment in that they are not restricted to either infrastructure or a local authority. The broader nature of this provision is appropriate. A provision was contained in the Minerals Development Act 1940 whereby a licence holder was liable to pay compensation in the event of any damage to the surface of any lands. In addition, all modern mining licences currently contain a condition in respect of financial security which must be put in place to ensure such compensation is paid. Section 79(1)(r) provides the legislative basis for the provision as currently contained in the mining licences and, therefore, I do not propose to accept the amendment.

See this speech in context