Pat Breen (Clare, Fine Gael)
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Question 522: 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 either 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 adjoining third party lands covered by the licence; and if he will make a statement on the matter. [5391/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I refer the Deputy to my reply to Parliamentary Question No. 383 of 6 December 2005.

As the Deputy will be aware 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. The licence does not apply to third party lands adjoining the site specified in the application.

All factory licences specify minimum safety distances which must be maintained between an explosives factory and nearby developments and all factory licences include a condition which terminates the authorisation to store explosives where such distances cannot be maintained.