Vol. 401 No. 4
9 Mr. R. Bruton asked the Minister for the Environment his views on whether the secondary phase of mineral prospecting, which can involve heavy machinery and major earth disturbance, should be included within the scope of the planning procedure and environmental impact assessment; and if he will outline the reason it is necessary that he retain the power to exempt minerals extraction from the need to submit an environmental impact statement.
I have no proposals to apply planning control or environmental impact assessment (EIA) to prospecting activities. Such activities are, at present, controlled by the Minerals Development Acts, 1940 to 1979, and prospecting licences under those Acts may be granted on such terms and conditions as the Minister for Energy thinks proper.
Article 2.3 of EC Directive 85/337/EEC on EIA allows member states, in exceptional cases, to exempt a specific project in whole or in part from EIA. This provision has accordingly been transposed into all of the procedures to which EIA has been applied by the European Communities (Environmental Impact Assessment) Regulations, 1989 and the Local Government (Planning and Development) Regulations, 1990.
The Minister has admirably outlined the present position. However, I asked him to comment on the question of environmental protection given that the Minister for Energy has ruled that a person does not have to carry out an environmental impact assessment or seek planning permission or permission of any sort from him before engaging in prospecting. Earthwatch and others have made the case that prospecting does result in considerable disturbance in areas.
I think the Deputy is probably referring to the answer given by my colleague, the Minister for Energy, on 24 May in the House in which he indicated he was satisfied, in issuing prospecting licences, that adequate account is taken of environmental concerns.
Mineral prospecting in itself would not normally be expected to have significant environmental effects. It usually involves the taking of small samples from streams, soil or rock. Any related activity, such as the building of a road or a track, does require planning permission in the normal way. I do not see the conflict.
The conflict arises from those who have studied this. Would the Minister not agree that they have made the case quite eloquently that there can be considerable disturbance in the course of prospecting? There has been some evidence that that has occurred in certain instances. Would he not agree that the only protection under the law would be that provided for under the Planning Acts because prospectors cannot know in advance what disturbances may occur?
I know of one example that might be quoted in this regard and it did involve the building of a road or the improvement of an existing track. Planning permission should have been sought and subsequently was sought. That caused much of the talk concerning this matter. So far as the issuing of prospecting licences is concerned, mineral prospecting as such has always been regarded as an exempted development for planning control purposes. I think the situation is adequately covered.
(Carlow-Kilkenny): In view of the fact that the only protection one group in Mount Leinster had was to stop the machinery from going up, would it not be much better to have some local control? The Minister can give a blanket permission to do exploratory work. The local people no matter how much they object, can do nothing except stop the machinery from entering which, I suppose, is illegal.
Prospecting licences are granted by my colleague, the Minister for Energy. He is satisfied that the environmental aspects are carefully dealt with. So far as the granting of the licences is concerned, they are purely for prospecting. Any extraction or building of any kind, comes under the planning laws and must be adhered to.
(Carlow-Kilkenny): Once he gives that permission the company can go in and do whatever exploring they wish and the locals——
The Deputy is making a statement rather than asking a question. I am calling Deputy Gilmore.
Can the Minister clarify the position on the issue of environmental impact statements? Is mineral extraction as opposed to prospecting exempt from the requirement?
No.
Is it the Minister's intention to exempt mineral extraction from EIA?
Mineral extraction is one of the items under the schedule that must have a statement and subsequently an assessment. There is no proposal to exempt that. I would not envisage such a proposal being made.
