Written answers
Wednesday, 31 March 2021
Department of Communications, Climate Action and Environment
Legislative Measures
Holly Cairns (Cork South West, Social Democrats)
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241. To ask the Minister for Communications, Climate Action and Environment the details of the Acts falling under his Department which have been signed into law but have not been commenced; and if he will make a statement on the matter. [17443/21]
Eamon Ryan (Dublin Bay South, Green Party)
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Since 2014, there have been 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 Act | Section(s) not yet commenced | Purpose of section(s) | Reason for delay in commencement |
|---|---|---|---|
| Telecommunications Services (Ducting and Cables) Act 2018 | All | To provide for the vesting in the Minister for the Environment, Climate and Communications 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, no other sections have 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. | My Department is working to commence Part 8 of the Minerals Development Act 2017 regarding the Minamata Convention on Mercury before year end. The remaining Parts of the Act will be commenced once the necessary detailed Regulations have been drafted to allow commencement. It is expected that this will happen in 2022. |
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