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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. 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.

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

Seán Kyne: As I understand it, the only use of fracking in the petroleum sector is where they hit a stubborn section of the core and they frack it to shatter the rock to be able to ease the continuation of the drilling. The only purpose is to facilitate the boring.

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

Seán Kyne: I move amendment No. 51:In page 113, lines 4 and 5, to delete “Minister for Communications, Energy and Natural Resources” and substitute “Minister for 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. 52:In page 114, lines 10 and 11, to delete “Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013)” and substitute “Planning and Development (Amendment) Regulations 2015 (S.I. No. 264 of 2015)”.

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

Seán Kyne: I move amendment No. 53:In page 116, line 1, to delete “and dolomitic limestone”.

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

Seán Kyne: I move amendment No. 54:In page 118, to delete lines 4 to 8 and substitute the following:“In this Schedule “silica sand” means sand of sufficient purity to be suitable for use in the manufacture of glass or ceramics.”.

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

Seán Kyne: I move amendment No. 55:In page 13, line 8, after “Acts,” to insert the following: “to give effect to Article 3.3 of the Minamata Convention on Mercury done at Geneva on 19 January 2013,”.

Select Committee on Communications, Climate Action and Environment: Business of Committee (17 May 2017)

Seán Kyne: It is a technical issue so I do not have a specific answer.

Select Committee on Communications, Climate Action and Environment: Business of Committee (17 May 2017)

Seán Kyne: I join with members in complimenting the staff in the Department on the work on this Bill for a long number of years. In fact it is about ten years in gestation through a number of successive Governments. While we are not there yet, there will be a number of amendments tabled on Report Stage. I understand it will be June before we will be in a position to take Report Stage.

Select Committee on Communications, Climate Action and Environment: Business of Committee (17 May 2017)

Seán Kyne: It will certainly not be within two weeks.

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