Written answers
Tuesday, 1 February 2022
Department of Communications, Climate Action and Environment
Legislative Process
Denis Naughten (Roscommon-Galway, Independent)
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238. To ask the Minister for Communications, Climate Action and Environment if he will provide a list of Acts or sections or other provisions of Acts for which a commencement order has yet to be signed in his Department; the reason for the delay; when commencement orders will be signed; and if he will make a statement on the matter. [4759/22]
Eamon Ryan (Dublin Bay South, Green Party)
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There are currently 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 | Proposed future date of 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. | Contingent on appointment of MSE |
| Minerals Development Act 2017 | Section 212 in relation to deemed cancellation of registration of excepted minerals 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. | Priority in 2022 is being given to developing a policy and regulatory framework for the geothermal sector. The Minerals Development Act 2017 will require the drafting of detailed Regulations to facilitate its commencement. Furthermore, primary legislation is required to update the Act to include Environmental Impact Assessment and Appropriate Assessment provisions. | An assessment of the necessary detailed regulations and primary legislation required to commence the Act will be undertaken in 2022. |
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