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Mining Licences

Dáil Éireann Debate, Tuesday - 5 March 2019

Tuesday, 5 March 2019

Questions (419)

Catherine Martin

Question:

419. Deputy Catherine Martin asked the Minister for Communications, Climate Action and Environment the public consultation processes in place for mining objections; if further mining will be permitted in areas where a community has expressed its opposition to same; and if he will make a statement on the matter. [10551/19]

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Written answers

Applications for Mining licences/leases are subject to a consultation process under Section 18 the Mineral Development Acts 1979. The Minister is required to publish a notice in at least one national daily newspaper and in so far as practicable to give every person, that may appear to have an interest in the proposal, the opportunity of making representations. A notice must also be published for 2 successive weeks in the Iris Oifigiul. The Minister may refer any representation to the Mining Board for their consideration. The Mining Board may hold an enquiry where the persons making the representations have the opportunity to be heard. Mining licences/leases are also subject to consultation process under Planning and Development legislation and Environmental Impact Assessment legislation as applicants are required to obtain planning permission from the relevant local authority.

In the case of Prospecting licences (for the exploration or searching for minerals), a 21 days’ notice period is provided for the public notification of the intention of the Minister to grant a Prospecting licence and for the receipt of any objections (Section 7 of the Minerals Development Acts 1940 to 1999 (as amended)). As a matter of best practice, the Department applies a 30 day notice period.

Under Section 7(2) of the Minerals Development Acts 1940 to 1999 (as amended), the Minister will not exercise his right to grant a Prospecting licence until he:

(a) has published, in one or more newspapers circulating in the locality, notice of his intention to do so, and

(b) has deposited in the office of the Geological Survey, Dublin and in one or more places in the locality, a map showing the boundaries of such land.

It is the Department's practice to notify the public of the intention to grant a Prospecting Licence in the following ways:

(a) publication in a local newspaper;

(b) notice deposited in the office of the Geological Survey, Dublin,

(c) notice deposited in the Local Authority/County Council office;

(d) notice deposited in the local Garda Station;

(e) notice placed on the Department’s website.

It is specified in the public notice that further information, statutory notice and the Minister’s determination is available from the Department. Contact details provided include the Department’s website address; the Department’s postal address; and Exploration and Mining Division’s direct phone number and email address. Where requests are made by a member of the public for maps, these are facilitated and made available electronically or by post by the Department.

At the conclusion of the process, if the Minister considers it appropriate and a Prospecting Licence is granted, the company must seek the permission of each relevant landowner to gain access to land to carry out their prospecting activities.

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