Written answers

Tuesday, 18 April 2023

Department of Housing, Planning, and Local Government

Quarrying Sector

Photo of Rose Conway-WalshRose Conway-Walsh (Mayo, Sinn Fein)
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847. To ask the Minister for Housing, Planning, and Local Government if he has any plans to establish a single authority overseeing quarries within the State; and if he will make a statement on the matter. [17936/23]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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A number of State agencies are currently responsible for regulating different aspects of quarries as set out below. In light of the expertise that currently exists in these agencies and the interaction with other functions in those agencies, there are currently no plans to establish a single authority overseeing quarries within the State

Planning authorities and An Bord Pleanála, as appropriate, may grant planning permission for a development on lands such as a quarry. A person is not entitled solely by reasons of a planning permission to carry out development.

When making a decision on a planning application for a quarry, a planning authority or the Board, as appropriate, is required to have regard to the particular local circumstances of the proposed development and may attach appropriate conditions to the permission on a case by case basis.

My Department issued statutory Guidelines to Planning Authorities on Quarrying and Ancillary Activities in April 2004, to which planning authorities and the Board must have regard when considering a planning application for a quarry. The Guidelines include planning guidance on the attachment of appropriate conditions to quarry-related permissions.

Where blasting is required, the issuing of a permit for the use of explosives in the extractive industry, or for other purposes, is a matter for An Garda Síochána, which falls within the remit of my colleague, the Minister for Justice, whose Department has issued the Guide to Explosives Legislation in Ireland.

The Environmental Protection Agency (EPA), which is under the remit of my colleague, the Minister for Environment, Climate and Communications, published guidelines in 2006 on Environmental Management in the Extractive Industry, which complement the 2004 Quarrying Guidelines issued by my Department and include advice on the management of environmental issues associated with blasting in quarries, such as pollution, noise and vibration.

Furthermore, the Health and Safety Authority (HSA) - which is under the remit of my colleague, the Minister for Enterprise, Trade and Employment - is responsible for the enforcement of health and safety in the workplace, including specific requirements in relation to the operation of quarries under the Safety, Health and Welfare at Work (Quarries) Regulations 2008, the Safety, Health and Welfare at Work (Quarries) (Amendment) Regulations, 2013 and their associated guidance.

Finally, the Construction Products Regulation (EU) No 305/2011 (CPR) sets out rules for the marketing of construction products in the EU, some quarried products are included in its scope e.g. aggregates, concrete blocks etc. Each of the building control authorities (local authorities) have been designated as the principal market surveillance authorities for construction products that fall within the scope of the CPR, within their administrative areas. In addition, Dublin City Council - National Building Control and Market Surveillance Office has been appointed as a competent authority for the carrying out of market surveillance functions on a nationwide basis.

In October 2021, I requested the National Building Control and Market Surveillance Office, in partnership with Donegal County Council and Geological Survey Ireland, to carry out an audit of quarries in Donegal to evaluate relevant economic operators’ compliance with the Construction Products Regulation (EU) No 305/2011 when placing relevant construction products (aggregate concrete blocks and/or aggregates for use in concrete products) on the market. This report was published in December 2022 and its recommendations are currently being implemented.

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