Written answers

Tuesday, 10 October 2017

Department of Communications, Climate Action and Environment

Legislative Programme

Photo of Shane CassellsShane Cassells (Meath West, Fianna Fail)
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511. To ask the Minister for Communications, Climate Action and Environment the status of the geothermal energy development Bill; when it is likely to be advanced further; and if he will make a statement on the matter. [42522/17]

Photo of Seán KyneSeán Kyne (Galway West, Fine Gael)
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There is currently no legal framework for the regulation of geothermal energy in Ireland. The purpose of the Geothermal Energy Bill is to provide a legislative framework for the vesting, licensing and regulation of the development of geothermal energy. The Geothermal Energy Bill will define geothermal energy in line with the standard European definition (“energy stored in the form of heat beneath solid earth”) as set out in Directive 2009/28/EC on renewable energy. It will vest ownership of geothermal energy in the State, giving practical effect to the assertion of State ownership of natural resources in Article 10.1 of the Irish Constitution.

Draft Heads of Bill were originally completed in July 2010 and approved by the Government for referral to the Attorney General and the Parliamentary Counsel for detailed drafting. The Department has had ongoing discussions and consultation with the Office of the Parliamentary Counsel since then, and significant progress has been made on the drafting of the Bill. There are currently over 150 sections in the draft Bill.

Many of the provisions of the Geothermal Energy Bill were based on aspects of the Minerals Development Bill, particularly in the areas of exploration and licensing. The Minerals Development Act 2017 was enacted on 26 July 2017. Once the secondary legislation and commencement of the Minerals Development Act 2017 is finalised, the drafting process for the Geothermal Energy Bill will recommence. The expected time for this is 2018, with publication of the Geothermal Energy Bill envisaged for the second half of 2018.

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