Joe McHugh (Donegal North East, Fine Gael) | Oireachtas source

The Senators raised a number of issues. While we are digressing a little from the substance of the proposed amendment, the issues raised are important none the less. We must be definitive in differentiating between a prospecting licence and a mining licence. The former does not confer ownership or allow mining to take place. It is important to clarify that. Prospecting creates a fear in local communities that mining for gold or other minerals will follow. It is important to make clear that a prospecting licence does not allowing mining.

Inactive prospecting licences are revoked and have been revoked in some instances. The exclusive right to mine is vested in the Minister. A number of stakeholders are involved in the process. Outside the scope of the Bill, there is also an important relationship between the local authorities, the Environment Protection Agency, the Department and private companies. The community is critically important in this regard and communities must be part of the relationship. No mining company will start operations in a rural or urban area without establishing a solid relationship with the local community.

The Senators raised questions concerning special areas of conservation, special protection areas and natural heritage areas. This is a difficult issue for the National Parks and Wildlife Service in that in areas that have been categorised as special areas of conservation, local communities feel under pressure regarding the possibility that their sons and daughters will be able to build homes. As the Senators will be aware, it is still possible to build in special areas of conservation and special protection areas provided the proper processes are adhered to, for example, in respect of environmental impact studies and other investigations, environmental, community or otherwise. It is important to ensure we have sustainable communities. Similarly, mining may proceed in special areas of conservation and special protection areas.

Senator Daly referred to the fears of farmers and asked where they stand in this process. The proper mechanisms are in place and it is important that proper processes are adhered to. While the exclusive right to mine is vested in the Minister, community engagement must also take place.

Farmers who wish to plough land in a special area of conservation must request permission to do so from the local office of the National Parks and Wildlife Service. This may appear prescriptive to outsiders. Senator Ó Clochartaigh asked about the other hat I wear in another Department. Similarly, given that a prospecting licence does not confer on the holder a right to mine, companies wishing to proceed from prospecting to mining must go through a rigorous planning process which involves consultation with and adjudication by the Environmental Protection Agency. If a licence to mine is subsequently granted, the company must comply with the conditions that apply.

Legislation in this area needs to be upgraded to encompass all elements of the process, from the pre-mining stage, through the mining stage and after mining ceases.The legislation was needed to cover every process, from pre-mining, active and post-mining. Even while that legislation is not in place it is already happening in places such as Lisheen. There is money set aside. The process of rehabilitation is starting as the mine closes. It is important to get this right and the issues and concerns that the Senators raised here today are the questions I will be asking and have asked the officials in the preparation of this legislation.