asked the Minister for the Environment the safeguards that exist in the State mining lease for Tynagh mines to ensure that the area will not be left as an eyesore or otherwise ruinous to the environment when the company departs in a couple of years time, and if any discussions have taken place with the company in regard to this matter.
Ceisteanna—Questions. Oral Answers. - Tynagh Mines.
9.
The grant of a State mining lease and the provisions of such a lease are matters for the Minister for Industry, Commerce and Energy. I understand, however, that the lease in this case contains a provision which would ensure that the leasehold area would not be left as an eyesore on termination of the lease. In addition to the lease, the planning permission granted by Galway County Council for the development contains conditions requiring reinstatement works to be carried out when mining ceases. Discussions have taken place between the planning authority and the company regarding the works to be carried out and I understand that further discussions about the matter are contemplated.
Would the Minister be kind enough to elaborate slightly on the provision which would appear to ensure that there is not a danger of having environmental eyesore? Is there a bond of any kind which is forfeit? What sort of sanctions are there in the event that the provisions of the lease or the planning permission are not fulfilled?
I have not got an intimate knowledge of the Department of Industry, Commerce and Energy. It is understood that the lease issued to Irish Base Metals in Tynagh Mines contains a standard provision which would ensure that the leasehold area would not be left as an eyesore when they leave the place. Discussions regarding reinstatement work have taken place already between the Department of Industry, Commerce and Energy and the company, and further discussions are taking place.
One is concerned about the environmental element. Precisely what safeguard exists apart from the condition? What exactly is the condition and what does it mean to the company? Is the Minister aware that there is an international tradition of not being too scrupulous about the environment on the part of a number of mining companies, not necessarily this one? What specific forfeit, or sanction, or bond, or penalty, is involved?
It would be in the form of a condition in the planning permission. On the discontinuance of the use of the land indicated on the map, all structures and materials shall be removed therefrom, and the surface of the land shall be forthwith reinstated to a beneficial after-use or, where reinstatement is not practical, any excavations shall be adequately fenced or otherwise protected. That is the actual condition.
Can the Minister confirm that this company or any other similar company can leave a mining excavation and the only penalty would be for a technical breach of the law? They would not forfeit one penny and they would not be liable to civil or other action.
Like any condition in a planning permission, it is up to the local authority to enforce it. I am sure Galway County Council will be quite capable of doing that.
And chase them around the world?
It is not as if the company were leaving the country when they finish in Tynagh. They have other interests here. It can be done and, from the discussions which are already under way, I feel it will not be necessary to enforce it.
The Minister is satisfied that it can be done.