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Minerals Development Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (6 Jul 2017)

Seán Kyne: I thank the officials from the Department. I also thank the members of the Oireachtas committee and its Chairman, Deputy Hildegarde Naughton, for their work on Committee Stage. I thank Deputies James Lawless and Brian Stanley, in particular, who have sat through all Stages of the Bill. I also thank all those involved on Second and Committee Stages. The Second Stage debate provided a...

Minerals Development Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (6 Jul 2017)

Seán Kyne: 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...

Minerals Development Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (6 Jul 2017)

Seán Kyne: I move amendment No. 21:In page 98, lines 6 and 7, to delete “Planning and Development Acts 2000 to 2014” and substitute “Planning and Development Acts 2000 to 2016”.

Minerals Development Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (6 Jul 2017)

Seán Kyne: I move amendment No. 22:In page 98, between lines 8 and 9, to insert the following:“(2) For the purposes of determining whether an activity may have a significant effect on the environment the Minister shall have regard to the following:(a) the characteristics of the proposed activity, in particular—(i) the nature and duration of the activity, (ii) the resource requirements, in...

Minerals Development Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (6 Jul 2017)

Seán Kyne: I move amendment No. 23:In page 99, line 16, to delete “Planning and Development Acts 2000 to 2014” and substitute “Planning and Development Acts 2000 to 2016”.

Minerals Development Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (6 Jul 2017)

Seán Kyne: I move amendment No. 14:In page 51, line 35, to delete “Planning and Development Acts 2000 to 2014” and substitute “Planning and Development Acts 2000 to 2016”.

Minerals Development Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (6 Jul 2017)

Seán Kyne: I move amendment No. 15:In page 67, line 29, to delete “Planning and Development Acts 2000 to 2014” and substitute “Planning and Development Acts 2000 to 2016”.

Minerals Development Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (6 Jul 2017)

Seán Kyne: I thank the Deputy for raising this 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 566/2009,...

Minerals Development Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (6 Jul 2017)

Seán Kyne: I move amendment No. 17:In page 75, to delete lines 33 to 41, and in page 76, to delete lines 1 to 3. Sections 137 to 139, inclusive, of the Bill address obligations under the Aarhus Convention which has been ratified by Ireland in respect of aspects of rehabilitation plans. Where any activity is permitted that may have a significant effect on the environment, the public has a right to...

Minerals Development Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (6 Jul 2017)

Seán Kyne: In essence, rehabilitation requires planning; therefore, the Aarhus Convention applies automatically. Section 137 is being removed on the advice of the Attorney General following the insertion of the new section which is comprehensive in dealing with rehabilitation plans.

Minerals Development Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (6 Jul 2017)

Seán Kyne: I move amendment No. 18:In page 76, to delete lines 4 to 40, and in page 77, to delete lines 1 to 38 and substitute the following: “Public participation in preparation and revision of rehabilitation plan 138. (1) Where the rehabilitation authority proposes to prepare or, as the case may be, revise a rehabilitation plan it shall give public notice in accordance with this section and...

Minerals Development Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (6 Jul 2017)

Seán Kyne: I move amendment No. 19:In page 78, to delete lines 1 to 13 and substitute the following: “Outcome of public participation on rehabilitation plan 139. (1) Where public participation has taken place in accordance with section 137* the rehabilitation authority shall—(a) take due account of the outcome of the public participation in its preparation or, as the case may be,...

Minerals Development Bill 2015 [Seanad]: Report Stage (6 Jul 2017)

Seán Kyne: That is more a question for the Minister for Finance but we can provide clarity on that at a future point. There have been cases where royalties have been deferred but have been paid back to the State subsequently, as base metal prices recovered. That flexibility is important to ensure the viability of mines which may go through a period of months or years when there was a collapse in...

Minerals Development Bill 2015 [Seanad]: Report Stage (6 Jul 2017)

Seán Kyne: I move amendment No. 6:In page 44, line 28, to delete "Planning and Development Acts 2000 to 2014" and substitute “Planning and Development Acts 2000 to 2016". The Bill, as published, contained a number of references to the collective citation, Planning and Development Acts 2000 to 2014. The amendments propose to correct the collective citation to Planning and Development Acts 2000...

Minerals Development Bill 2015 [Seanad]: Report Stage (6 Jul 2017)

Seán Kyne: I move amendment No. 7:In page 47, line 12, to delete "Planning and Development Acts 2000 to 2014" and substitute "Planning and Development Acts 2000 to 2016".

Minerals Development Bill 2015 [Seanad]: Report Stage (6 Jul 2017)

Seán Kyne: I thank the Deputy Stanley for his amendments. In respect of amendment No. 8, Deputy Stanley has proposed that the mining licence would be reviewed every five years. I have considered his arguments and I propose to accept that amendment. In respect of amendments Nos. 9 and 10, the royalty regulations will take into account what is a fair and reasonable rate of return to the State and to...

Minerals Development Bill 2015 [Seanad]: Order for Report Stage (6 Jul 2017)

Seán Kyne: I move: "That Report Stage be taken now."

Minerals Development Bill 2015 [Seanad]: Report Stage (6 Jul 2017)

Seán Kyne: I move amendment No. 1:In page 13, line 9, after "2013," to insert "to amend the Continental Shelf Act 1968,". These amendments focus on a legal anomaly that the Office of the Attorney General has requested be addressed in respect of the Continental Shelf Act 1968. The issue arises as a consequence of past transfer of function orders and Department title orders. The issue was identified in...

Minerals Development Bill 2015 [Seanad]: Report Stage (6 Jul 2017)

Seán Kyne: 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...

Written Answers — Department of Communications, Energy and Natural Resources: Salmon Management Report (5 Jul 2017)

Seán Kyne: The current salmon status of the river Slaney is based on the information provided by the Standing Scientific Committee on Salmon (SSCS) and the advice and proposals provided by Inland Fisheries Ireland (IFI) to me as Minister. In contemplation of the 2017 fishing year, three scientific assessments of the salmon stock status on the river Slaney were undertaken based on recent fish counter...

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