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

Seán Kyne: Any mining application has to go through a rigorous planning process. Damage to infrastructure would be an issue for the local authority. It would be able to pursue the applicant in regard to any damage. In regard to liabilities-----

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

Seán Kyne: That would be a matter for the local authority. If damage was caused to local infrastructure by a quarry or other large development, that would have to be dealt with. Those receiving prospecting licences must have insurance and must indemnify the Minister. Under new rules for new mines, a remediation fund will be built into the application so that any remediation costs will be provided...

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

Seán Kyne: I move amendment No. 13:In page 46, lines 8 and 9, 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. 14:In page 46, lines 22 and 23, 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. 15:In page 49, lines 20 and 21, to delete all words from and including “over” in line 20 down to and including line 21 and substitute “in respect of a mining licence over its term.”. Amendments No. 15 to 18, inclusive, are technical amendments that are proposed in the interest of consistency and clarity. The proposed amendment to section 75(1)...

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

Seán Kyne: I move amendment No. 16:In page 49, between lines 21 and 22, to insert the following:“(2) Regulations under subsection (1) may, in particular, provide for—(a) a minimum licence fee payable in respect of the grant of a licence, (b) minimum annual fees payable over the term of a licence, (c) increases or decreases in licence fees over the term of the licence.”.

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

Seán Kyne: I move amendment No. 17:In page 49, lines 27 and 28, to delete “and regulations made under this section may provide for a minimum licence fee payable per annum”.

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

Seán Kyne: I move amendment No. 18:In page 53, line 3, after “royalties” to insert “and the mining licence fees”.

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

Seán Kyne: I move amendment No. 19:In page 53, line 31, to delete “is convicted of” and substitute “commits”.

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

Seán Kyne: Section 82 provides that where the tonnage or value of State owned minerals in a location is small and where it is more efficient to do so, rather than granting a mining licence, the Minister, with the consent of the Minister for Public Expenditure and Reform, may sell such minerals with these minerals becoming excepted minerals. In other words, the Minister would not have the exclusive...

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

Seán Kyne: I move amendment No. 20:In page 55, lines 29 and 30, 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. 21:In page 62, 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: There are a number of technical drafting issues with the Bill which, subject to advice from the Office of the Parliamentary Counsel, may require a Government amendment on Report Stage. The first of these is in section 110, while there are others in related sections in Part 4. It concerns the complex interaction between compulsory acquisition of ancillary rights for the purpose of developing...

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

Seán Kyne: I move amendment No. 22:In page 66, lines 27 and 28, 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. 23:In page 67, lines 3 and 4, 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. 24:In page 69, lines 30 and 31, 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. 25:In page 73, lines 14 and 15, to delete “Minister for the Environment, Community and Local Government” and substitute “Minister for Housing, Planning, Community and Local Government”.

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

Seán Kyne: I thank the Deputy for raising this important issue. In 2006, following incidents at active mine sites in Spain and Romania, the European Union introduced Directive 2006/21/EC on the management of waste from extractive industries. Article 20 of the directive requires member states to produce an inventory of closed mine waste facilities. The directive was transposed into Irish law by SI 566...

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

Seán Kyne: Yes. That work is complete. There was no time specification in the directive.

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

Seán Kyne: 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...

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