Pat Breen (Clare, Fine Gael)
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Question 383: To ask the Minister for Justice, Equality and Law Reform if the Explosives Act 1875 contains a provision in respect of explosives factories that the owner of either an existing or proposed factory must own or have sufficient control of lands surrounding such facility in order to obtain a licence from his Department; his proposals to amend this requirement on the part of such factory owners that might lead to a diminution of third party property rights on lands covered by the said licence; and if he will make a statement on the matter. [37847/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Under the Explosives Act 1875, any person wishing to establish an explosives factory must obtain a licence from me. However, before I may grant such licence, assent to the licence must be sought, by the applicant, from the local authority in whose jurisdiction the factory is to be situated. As part of the assent process the local authority is required to hold a public hearing of the application and on completion of the hearing may dissent from the establishment of the factory or assent thereto, either absolutely or with conditions. Where the local authority dissents or assents with conditions the applicant may appeal to me and I may refuse the licence or grant it, with or without conditions. Where the local authority assents absolutely, I must grant the licence.

A licence for the establishment of an explosives factory granted under the 1875 Act applies only to the site of the factory as specified in the application. It does not apply to any lands or property other than that.

In the interests of public safety, the distances which must be maintained between the factory and nearby buildings and works, which are determined by reference to the type and quantity of explosives involved, are specified in the licence. The licence also includes a condition that, if at any time after the granting of the licence, the factory ceases to be beyond the distances specified because of the encroachment of surrounding buildings and works, the licence shall cease to authorise the use of the factory for keeping explosives.