Written answers

Thursday, 14 December 2017

Department of Communications, Climate Action and Environment

Commencement of Legislation

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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587. To ask the Minister for Communications, Climate Action and Environment the Acts, or parts of Acts, awaiting commencement within his area of statutory responsibility; the reason for the delay in the commencement of each; and if he will make a statement on the matter. [53563/17]

Photo of Denis NaughtenDenis Naughten (Roscommon-Galway, Independent)
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There are two Acts for which all sections have yet to be formally commenced by my Department. The details are set out in the following table.:

Title of ActSection(s) not yet commencedPurpose of section(s)Reason for delay in commencement
Energy Act 2016

Provisions not yet commenced are sections 8 and 19
Section 8 of the Energy Act provides for a revised legal definition of the existing Single Electricity Market (SEM) in the Electricity Regulation Act 1999, as amended.

Section 19 places a statutory obligation on the CRU to produce a Strategy Statement every three years in respect of its energy and safety remit

Section 7 of the Energy Act (which was commenced on enactment) provides for certain transitional measures for the Single Electricity Market (SEM) that will operate during the interim period until go live date of the Integrated Single Electricity Market (I-SEM).

Section 8 of the Act, in relation to I-SEM, will be commenced when the new market goes live and operational in May 2018 and the transitional arrangements cease.

The commencement of section 19 has been deferred on the basis that the CRU’s current strategic plan covering 2014 to 2018 covers energy, energy safety and water up to, and inclusive of, 2018.

This deferral affords the CRU time to develop a new combined Strategy Statement for the three year period from 2019 to 2021, for water and energy regulation, on expiry of the current statement at the end of 2018. It is expected that the process of developing the new strategy statement will commence in 2018, with the new statement therefore commencing in 2019. Section 19 will be commenced during 2018 to enable the next such Strategy Statement to be completed, submitted to the Minister and laid before the Oireachtas, within the six month period stated in the section.
Minerals Development Act 2017With the exception of Section 212 in relation to Deemed cancellation of registration of excepted minerals which took effect on the date of passage of the Act, all other sections have not yet commenced. (256 Sections).

The Minerals Development Act 2017, which was enacted on the 26 July 2017, will make further and better provisions for the development of minerals in the State and repeal the Minerals Development Acts 1940 to 1999.

Parts 1 and 2 of the Act provide for the principles, policies and procedures for the regulating of mineral exploration and development. In order to commence these Parts detailed regulations are currently being drafted and it is expected that they will be completed in Q2 2018. It will then be possible to commence these parts of the Act.

The remaining Parts of the Act relating to Mining and Rehabilitation will be commenced once the detailed Regulations have been drafted to allow commencement. It is expected that this will happen later in 2018.


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