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Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: I move amendment No. 35:In page 80, lines 7 and 8, to delete "Department of Communications, Energy and Natural Resources" and substitute "Department of Communications, Climate Action and Environment".

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: I move amendment No. 36:In page 80, lines 19 and 20, to delete "Department of Communications, Energy and Natural Resources" and substitute "Department of Communications, Climate Action and Environment".

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: The Minister for Justice and Equality is currently drafting the disability (miscellaneous provisions) Bill to amend a number of pieces of legislation so Ireland is in a position to ratify the UN Convention on the Rights of Persons with Disabilities. Section 173 of the Minerals Development Bill makes reference to persons of "unsound" mind, which is considered an inappropriate concept and...

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: I move amendment No. 37:In page 93, line 3, to delete "Department of Communications, Energy and Natural Resources" and substitute "Department of Communications, Climate Action and Environment".

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: I move amendment No. 38:In page 96, line 35, after "mining" to insert "licence". This is a correction of a minor error in the wording of section 198 on page 96, line 35, where the word "licence", which should follow the word "mining" has been inadvertently omitted. Amendments Nos. 44 and 52 correct references to other legislation, such as the Harbours Acts and the planning and development...

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: I move amendment No. 39:In page 97, lines 9 and 10, to delete“section 34(4), 51(4), 81, 100(4), 197 and 211(6)” and substitute“sections 32(5), 33(4), 34(4), 36(4), 51(4), 81, 100(4), 191(4), 197, 211(6), 227 and 228”. This is a technical amendment to section 200(1) to clarify that the Minister may bring summary proceeding for offences prescribed under section...

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: I move amendment No. 40:In page 98, line 10, to delete “Department of Communications, Energy and Natural Resources” and substitute “Department of Communications, Climate Action and Environment”. Subject to advice from the Office of the Parliamentary Counsel, a Report Stage amendment may be required to ensure compliance with the Aarhus Convention.

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: I move amendment No. 41:In page 98, lines 21 and 22, to delete “Department of Communications, Energy and Natural Resources” and substitute “Department of Communications, Climate Action and Environment”.

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: I move amendment No. 42:In page 98, lines 26 and 27, to delete “Department of Communications, Energy and Natural Resources” and substitute “Department of Communications, Climate Action and Environment”.

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: I move amendment No. 43:In page 100, lines 19 and 20, to delete “Department of Communications, Energy and Natural Resources” and substitute “Department of Communications, Climate Action and Environment”.

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: I move amendment No. 44:In page 101, line 9, after “1946” to insert the following:“as amended by section 83 (inserted by section 48 of the Harbours Act 2015) of the Harbours Act 1996”.

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: I move amendment No. 45:In page 104, lines 16 and 17, to delete “Department of Communications, Energy and Natural Resources” and substitute “Department of Communications, Climate Action and Environment”.

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: I move amendment No. 46:In page 106, between lines 14 and 15, to insert the following: “PART 8 ARTICLE 3.3 OF THE MINAMATA CONVENTION ON MERCURY DONE AT GENEVA ON 19 JANUARY 2013Definitions  Part 8 224.In this Part—“mercury” means elemental mercury (Hg(0), CAS No. 7439-97-6) and includes mixtures of mercury with other substances, including alloys of mercury,...

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: I move amendment No. 47:In page 106, between lines 14 and 15, to insert the following:“Scope of Part 8 225.This Part shall not apply in respect of—(a) quantities of mercury or mercury compounds to be used for laboratory-scale research or as a reference standard, (b) naturally occurring trace quantities of mercury or mercury compounds present in such products as non-mercury...

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: I move amendment No. 48:In page 106, between lines 14 and 15, to insert the following:“Restriction on Minister’s power to grant licences in respect of mercury 226.Nothing in this Act shall be construed as—(a) authorising prospecting for mercury or primary mercury mining, or (b) empowering the Minister to authorise prospecting for mercury or primary mercury mining, by...

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: I move amendment No. 49:In page 106, between lines 14 and 15, to insert the following:“Prohibition on prospecting for mercury 227.A person who prospects for mercury commits an offence and is liable—(a) on summary conviction to a class A fine, or (b) on conviction on indictment to a fine not exceeding €250,000.”.

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: I move amendment No. 50:In page 106, between lines 14 and 15, to insert the following:“Prohibition on primary mercury mining 228.A person who carries out primary mercury mining commits an offence and is liable—(a) on summary conviction to a class A fine, or (b) on conviction on indictment to a fine not exceeding €250,000.”.

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: The Office of the Attorney General has highlighted a legal issue in respect of the Continental Shelf Act 1968 arising as a consequence of a transfer of ministerial functions order made in the past. This may require the bringing of a Government amendment on Report Stage. In essence, the Minister for Communications, Climate Action and Environment is not legally required to consult the...

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: That is a good question, Deputy. We will have to do some research but as I understand it, it is a mining licence.

Select Committee on Communications, Climate Action and Environment: Minerals Development Bill 2015: Committee Stage (17 May 2017)

Seán Kyne: Yes. However, I understand nothing has come before us.

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