Written Answers. - Prospecting Licences.
Séamus Hughes
Question:
272
Mr. Hughes
asked the
Minister for Transport, Energy and Communications
the safeguards, if any, that have been taken to ensure that environmental damage and pollution caused by operators of prospecting licences (details supplied) will be rectified.
[7121/96]
Séamus Hughes
Question:
273
Mr. Hughes
asked the
Minister for Transport, Energy and Communications
the rights, if any, landowners enjoy when owners of prospecting licences seek permission to enter their lands for the purpose of prospecting.
[7122/96]
Séamus Hughes
Question:
274
Mr. Hughes
asked the
Minister for Transport, Energy and Communications
the considerations, if any, he took into account in granting renewal of prospecting licences (details supplied) for townlands in Mayo.
[7123/96]
I propose to take Questions Nos. 272, 273 and 274 together.
In proposing the renewal of the six prospecting licences in question I have taken into account a number of factors, including the fact that neither I nor my Department have received any complaints about the activities of the two companies which hold the licences in joint venture since the licences were first issued in 1986, the two companies have complied with all technical and financial targets which were required of them and in fact exceeded them, and the investment that these companies have already made in exploration over these licence areas. I also ensured that the companies had in place adequate insurance cover to meet any legitimate claims which might be made as a result of their actions in carrying out their approved exploration programme. In this latter context I might mention that the minimum insurance cover normally now required by me for exploration activities is £1 million.
I should also point out that the failure of my Department to renew these licences in the absence of sound technical reasons could not be defended and would leave me, as Minister, open to the possibility of legal action.
It must be stressed that the unrestricted or unregulated development of our mineral resources will not be condoned by me, my colleagues in Government or my Department. In granting or renewing prospecting licences my Department issues guidelines for good environmental practice in mineral exploration which require that, in addition to compliance with laws and regulations for the protection of the environment, best contemporary practice in environmental management standards be maintained, environmental consequences of the particular exploration programme in each location be considered and planned for, that there be full consideration for and liaison with relevant landowners and regulatory authorities and that any damage to vegetation, land surface or landowner property which may occur be minimised and corrected without undue delay.
Where disturbance of land or farming activity is expected there should be agreement with the farmer or landowner beforehand and if the damage exceeds that which has been agreed and compensation cannot be agreed in respect of the additional disturbance, I recommend the use of Teagasc or another mutually agreed arbitrator. I am not aware that there has been any recourse to the use of an arbitrator in the past, certainly not in recent years.
Licence holders are also advised of the necessity to ascertain the location of national nature reserves, national monuments, areas of scientific interest, gas pipelines, etc. I have given an outline of what the guidelines contain but I think the Deputy will accept from the above that the document issued by my Department deals with this issue in a comprehensive way. I have arranged for a copy of the guidelines to issue to him.
I might also add that my Department advises the National Forest and Wildlife Service of all prospecting licences granted or renewed and supplies that service with a copy of the map of the prospecting licence area in each case to assist that service in identifying any areas of which my Department is not aware and giving an opportunity for the licensee to be notified before work on the ground commences.
While the licence holder has rights of entry onto land this is tempered by the obligation to ensure that no undue interference is caused to the farm activities. It would not, for example, be appropriate for exploration activities to take place in a field in which crops had been planted unless there was a compensation agreement with the farmer or until after harvesting. There is also the obligation on the licence holder to ensure that there is prior consultation with the farmer or landowner and, as I have indicated already, to ensure that there is prior agreement for compensation to be paid in respect of damage or disruption which might be expected to be caused. There are also the protective rights enshrined in the environmental guidelines issued by my Department.
I should stress that exploration activity, when carried out in accordance with the law and guidelines issued by my Department, rarely, if ever, results in any meaningful adverse effects on the environment.
If commercial quantities of minerals are discovered the licence holders will obviously seek a State mining facility from me. In order to get one they would first have to obtain planning permission from the local authority and a licence from the Environmental Protection Agency. It is at that stage that it is appropriate to consider any objections which might be put forward to mining any particular mineral deposit. Mineral deposits can only be mined where they are found.
I can also advise the Deputy and the House that our current mining environmental standards are rightly regarded as being among the strictest in the world and it is my intention that they should remain so.
