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Proposed Legislation.

Dáil Éireann Debate, Tuesday - 8 February 2005

Tuesday, 8 February 2005

Questions (116, 117)

Olwyn Enright

Question:

131 Ms Enright asked the Minister for Communications, Marine and Natural Resources his plans as outlined in the programme for Government in respect of the Minerals Development Bill; and if he will make a statement on the matter. [3612/05]

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Bernard J. Durkan

Question:

286 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his plans as outlined in the programme for Government in respect of the Minerals Development Bill; and if he will make a statement on the matter. [3949/05]

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Written answers

I propose to take Questions Nos. 131 and 286 together.

The programme for Government includes the commitment that we will consolidate the Minerals Development Acts. The Minerals Development Acts 1940 to 1999 comprise five primary measures and a number of regulations have been made thereunder. Consolidation is certainly advisable, therefore, in the interests of better regulation. However, experience in the past 20 years since the last major minerals Act was passed has shown that the legislation also needs updating and amending to address problems and changes in policy and environment which have arisen and to streamline the permitting process.

Policy in this area has been under review in my Department for some time and legal advice has been sought on a number of complex issues which it is hoped can be addressed in new legislation. Any such provisions will have to be carefully considered to uphold the constitutional protection of private property rights. I hope to be in a position to bring forward proposals later this year but this will be contingent on satisfactory resolution of legal issues and will require extensive prior consultation with a wide variety of stakeholders.

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