Dáil Éireann Debate, Tuesday - 13 June 2023
664. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage if he will outline the regulations pertaining to quarry blasting; and the precautions that are in place to ensure that quarry blasting in counties Donegal, Mayo, Clare, Limerick and other counties does not further destabilise homes affected by defective concrete blocks. [27241/23]
View answerPlanning authorities and An Bord Pleanála (the Board), as appropriate, may grant planning permission for a development, which involves rock breaking [drilling, blasting or splitting].
When making a decision on a planning application, 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.
Under section 34 of the Planning and Development Act 2000, as amended (the Act). section 34(4)(c) enables conditions for requiring the taking of measures to reduce or prevent—
• the emission of any noise or vibration from any structure or site comprised in the development authorised by the permission which might give reasonable cause for annoyance either to persons in any premises in the neighbourhood of the development or to persons lawfully using any public place in that neighbourhood, or
• the intrusion of any noise or vibration which might give reasonable cause for annoyance to any person lawfully occupying any such structure or site;
The decision of a planning authority on a planning application may be appealed to the Board under section 37 of the Act.
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.
In relation to the extractive industry which commonly involves rock breaking, 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.
The Environmental Protection Agency (EPA), which is under the remit of my colleague, the Minister for the 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.
