Vol. 195 No. 2
asked the Minister for Industry and Commerce whether his attention has been drawn to reports of difficulties occurring over compensation for the use of agricultural land for mining purposes at Tynagh, County Galway; and whether he will make a statement regarding (1) the general position as to compensation for land used for mining, and (2) the present position with regard to the exploitation of the silver and lead deposits reported to have been discovered at Tynagh.
16.
asked the Minister for Industry and Commerce whether he is aware that the mining Company threatens to enter on the land of several small farmers in County Galway under licence issued by him and what steps he proposes to take to ensure that adequate compensation will be given to landowners on whose property this entry is to be made.
I propose, with the permission of the Ceann Comhairle, to take Questions Nos. 15 and 16 together.
I have seen reports of certain difficulties arising in connection with compensation for the use of land for mining purposes at Tynagh, County Galway.
Under the Minerals Development Acts, 1940 and 1960, the holder of a prospecting licence is given the right to enter on the land described in the licence and to carry out certain operations, such as drilling or boring, in search of minerals. The question of compensation is involved only in respect of damage or nuisance arising from such operations. Land owners and licence holders may agree on the amount of compensation but, in the absence of agreement, a procedure is available under the Act by which the issue may be referred to the Mining Board which is an independent statutory body. If agreement is not reached in the case which the Deputies have in mind the question of compensation can be submitted for independent determination in this way.
The present position in regard to the mineral deposits at Tynagh is that they are being explored by Irish Base Metals Ltd. under the authority of a prospecting licence. As this is a private concern it would be inappropriate for me to make any statement in regard to any plans which they may have for the exploitation of the mineral deposits at Tynagh.
Might I ask the Minister for Industry and Commerce this: supposing the owner of the land and the owner of the prospecting licence do not reach agreement and extensive damage has already been done to the land land and is now being done to the land and they apply for arbitration, is there any provision whereby the prospecting company is required to deposit with the Minister a sum adequate to meet any possible arbitration award which may be made under the Acts referred to by the Minister? Is the Minister aware that on a previous occasion, the details of which I brought to the notice of his Department, a mining company did enter upon lands, did considerable damage in the course of their lawful activities under the Minister's licence and, when the time came for arbitration, the company had left the country? While the possibility of an award subsisted, the person against whom the award would be made was gone. Can the Minister give these people any assurance that the mining company will be required to make a deposit with him in a sum sufficient to provide against any award that the Mining Board might make subsequent to arbitration?
The Deputy will remember that this particular aspect of the granting of prospecting licences was discussed at length during the passage of the 1960 Bill through the Dáil. I cannot say whether it is as a result of that discussion or as a result of previous experience, but there is provision whereby the Minister can attach to any licences the condition that certain sums be deposited in advance of the issue of prospecting licences. That condition is imposed in respect of companies whose resources may not be known to our Department but is generally not attached to companies about whose bona fides and about whose standing we have knowledge. Generally speaking, a deposit is required unless the company is of such high standing or has assets already in the country. That has been done on almost every occasion on which a licence has been issued recently.
May I take it as clear in this case the Minister is prepared to say that, either from inquiries into the status of the company or such other precautions as he has taken in connection with the issue of prospecting licences in the Galway area referred to, there are available adequate sums to meet equitable arbitration awards which may fall to be made on the work done by this company?
I have every confidence that any compensation that will prove to be justified will be made.
