Written answers
Tuesday, 12 June 2018
Department of Communications, Climate Action and Environment
Commencement of Legislation
Mattie McGrath (Tipperary, Independent)
Link to this: Individually | In context | Oireachtas source
1030. To ask the Minister for Communications, Climate Action and Environment the sections and parts of all legislation brought forward by his Department in each of the past four years that have yet to be commenced; and if he will make a statement on the matter. [25173/18]
Denis Naughten (Roscommon-Galway, Independent)
Link to this: Individually | In context | Oireachtas source
There are three 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 Act | Section(s) not yet commenced | Purpose 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 Commission for Regulation of Utilities (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) provided for certain transitional measures for the Single Electricity Market (SEM) that 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 October of this year and the transitional arrangements will cease. The commencement of section 19 was deferred on the basis that the Commission for Regulation of Utilities' current strategic plan covering 2014 to 2018 covers energy, energy safety and water up to, and inclusive of, 2018. Section 19 of the Act will be commenced with effect from 1st July 2018. Consequently, the Commission for Regulation of Utilities will complete their new Strategy Statement covering the period 2019-2021 and submit it to the Minister in order for it to be laid before the Oireachtas, within the six month period stated in the Energy Act. |
| Telecommunications Services (Ducting and Cables) Act 2018 | All | To provide for the vesting in the Minister for Communications, Climate Action and Environment of ownership of certain ducting and cables; to provide for the vesting in the Minister of certain legal interests relating to ducting and cables for the purposes of the performance of any of his or her functions for telecommunications purposes; to provide for compensation; to provide for certain obligations; and to provide for related matters. | Enactment of the legislation was required to provide the requisite access rights across land through which the Galway Mayo telecommunications duct runs so that a Managed Service Entity can be appointed to operate, maintain and access the network. The procurement process is under development. The sections of the Act are expected to be commenced on appointment of the Management Services Entity. |
| Minerals Development Act 2017 | With 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 in Q1 2019. |
No comments