Richard Bruton
Ceist:2 Mr. R. Bruton asked the Minister for Energy the reason for the revision in exploration terms which he announced recently.
Ceisteanna — Questions Oral Answers. - Mineral Exploration.
Séamus Pattison
Ceist:5 Mr. Pattison asked the Minister for Energy if he will make a statement concerning his decision to prevent any further exploration for, or development of, minerals in Croagh Patrick, County Mayo and other areas of particular importance; if he will outline the steps he is taking to ensure that this decision will not result in compensation claims by exploration companies or potential developers; and if he will make a statement on the matter.
Enda Kenny
Ceist:12 Mr. Kenny asked the Minister for Energy if he will indicate the townlands referred to in his recent announcement revoking section 12 of the Mineral Development Act, 1940; the criteria used in reaching his decision; and if he will make a statement on the matter.
Pat Rabbitte
Ceist:19 Mr. Rabbitte asked the Minister for Energy if, in the light of his decision to ban gold prospecting and mining on Croagh Patrick, County Mayo and in national parks, he will outline the steps his Department are taking to encourage such exploration and mining in non environmentally senstive areas; and if he will make a statement on the matter.
Austin Deasy
Ceist:58 Mr. Deasy asked the Minister for Energy if he will outline the areas in the country where prospecting for minerals is prohibited.
With your permission, a Cheann Comhairle, I propose to take Questions Nos. 2, 5, 12, 19 and 58 together.
I question the reason the Minister would link revision in exploration terms with——
I might dissuade the Deputy from intervening just now having regard to the very precious time available to us for Priority Questions.
They are not related topics.
If they are not then the Deputy might have been more specific in his wording in tabling Question No. 2 because it is couched in rather vague terms referring merely to exploration and I have no option but to take it with the others. I hope he will be satisfied with my reply.
I have recently decided to use my powers under the Minerals Development Act, 1940 to exclude Croagh Patrick from prospecting because of the unique cultural and religious importance of the area. I have also decided — in the interest of preserving designated areas of special amenity — to permanently prohibit prospecting tor minerals in the National Parks at Glenveagh, County Donegal, Letterfrack, County Galway, Killarney, County Kerry and in the area of the proposed national park in County Wicklow. As there is a considerable number of townlands involved I have arranged for a list to be forwarded to Deputies Kenny and Deasy. If Deputy Richard Bruton so wishes, I can let him have a copy of this list.
It would not be appropriate for me to comment at this stage on the question of compensation for the companies effected by my decision.
I also announced a most important tax incentive for the minerals exploration industry. It will shortly be possible for exploration companies to write off their exploration costs against income and to roll over these costs indefinitely. I have taken this step to enable companies to attract a broader capital base and to bring our tax regime into line with the practice in other countries. I am confident that this incentive will boost exploration activity. By circumscribing the areas for which exploration and mining licences would no longer be available and by these tax changes. I have effectively established the conditions for the development of the industry in the nineties.
Is the Minister satisfied that in the issuing of prospecting licences sufficient account is taken of environmental concerns having regard to the necessity, in this case, to overturn the prospecting licence already issued?
I am satisfied with the present requirements relating to the issue of prospecting licences. I sought to indicate clearly that no prospecting will be allowed in certain areas and to give my reasons for making this decision. I am not concerned at present about the need to change in any way the regulations governing the issue of prospecting licences. If the Deputy has some aspect in mind I would be pleased to hear what it is.
Would the Minister not agree that there are special environmental features of the countryside where no mining ought to be carried out and that all he has done in this instance is read a restricted list of townlands which, by no means is a comprehensive list, of all areas of natural beauty which ought to be protected? Therefore, would he not agree that in the issuing of prospecting licences these concerns should be taken into account so that we do not end up in the position where licences issued to companies subsequently have to be overturned in this fashion? In relation to a separate issue raised in Question No. 5 would the Minister outline the action he is taking on the possibility of compensation claims and say if he is satisfied that section 12 of the Mining Act is watertight with regard to possible claims against the Minister?
I have already indicated that I have no comment to make on the question of compensation and I am sure the Deputy understands my reasons for not doing so. Let me point out to the Deputy and the House that very extensive planning requirements to protect the environmental quality of an area have to be complied with. In addition, the Government have added another requirement which is that an environmental impact has to be undertaken in relation to any potential mining activity. I do not see dangers of any significance to the environment from prospecting activities. I have carefully studied the files in my Department which indicate that several thousand prospecting licences have been issued. In only one case was any public concern expressed about interference with the environmental quality of the area. The company involved claimed that they understood what they were doing was exempt. The disturbance caused by prospecting in any locality is so insignificant that it is not of any great consequence. However, there is an obligation on the holder of a prospecting licence to consult with the planning authority and to comply with any special planning requirement. In the case of areas of special interest they are notified of the requirement to do this when the licence is being issued. They are also required to consult with the Office of Public Works and other relevant authorities if moving into an area of special archaeological or special interest. It is my experience and that of the Department that prospecting and exploration companies have acted responsibly in most cases and in nearly all cases want to know what are the requirements they have to comply with. There is a willingness on the part of the industry to recognise that they have a responsibility in this matter.
Having regard to what the Minister has said about the need to consult with planning authorities, would he go a little further and clarify if the planning authorities have the right to prevent exploration if they have good grounds for doing so? What does "consultation" mean in this case? Can it be interpreted to mean just a polite discussion?
Any development is subject to the planning laws, which are exercised by the planning authorities locally. If the planning authority deem a development to be exempt they may so inform a company but if they deem a development not so exempt the company would be required to make proper application for planning permission.
Can we deal with Question No. 3? If it is to be disposed of it must be called now.
I want to protest at the system which is operated here——
The Chair is conforming with the Standing Orders of this House. I am calling Question No. 3.
We are now outside the time for dealing with priority questions.
I am surprised at the Deputy——
The Chair should not be surprised by what is happening here. We are outside the time for the taking of priority questions. Two very important questions——
The Chair cannot win in these circumstances.
I wish my protest to be recorded.
Sometimes we have a protestation that insufficient time was allowed and when an extra moment is allowed we have a protest. I am calling Question No. 3.
I want to have my protest recorded.
The Deputy has made his protest and must now desist.