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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. 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...

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

Seán Kyne: I move amendment No. 28:In page 74, lines 32 and 33, 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 move amendment No. 29:In page 74, line 35, after “subsection (1)” to insert “granted to any person other than a local authority or the Environmental Protection Agency”.

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

Seán Kyne: It refers to any land over which access may be required. It includes State lands.

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

Seán Kyne: Yes. Section 136(2)(c) refers to "the local authorities within whose boundaries the rehabilitation area lies, the Environmental Protection Agency, the Departments of State with direct responsibility for national parks and wildlife and for national monuments and any statutory body that the rehabilitation authority considers appropriate in the circumstances".

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

Seán Kyne: I thank the Deputy for his amendment. I very much concur with the general intent behind it. As I understand it, it is to encourage industry and the Government to focus on whatever opportunities there may be to extract minerals from existing mine waste at abandoned mine sites, thus supporting the concept of the circular economy. Under existing minerals legislation, State mining leases...

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

Seán Kyne: One concern I have is that the message might go out that all historical mine sites would suddenly be reopened. There is a long list and some of them are to be found in scenic and beautiful areas. I do not wish to give the impression that we might encourage their reopening. I would be somewhat concerned about that but we can explore it further.

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