Written Answers. - Compulsory Purchase Orders.
Michael Ring
Ceist:
155
Mr. Ring
asked the
Minister for the Marine and Natural Resources
if a company (details supplied) has the authority to take out a compulsory purchase order against landowners for an onshore gas pipeline; is so, the relevant Act and section in this regard.
[19614/01]
Michael Ring
Ceist:
156
Mr. Ring
asked the
Minister for the Marine and Natural Resources
if private companies can take out compulsory purchase orders against landowners under the Petroleum and other Minerals Development Act, 1960, for an onshore gas pipeline; and if so, the details of the relevant section and conditions.
[19636/01]
Michael Ring
Ceist:
160
Mr. Ring
asked the
Minister for the Marine and Natural Resources
if his attention has been drawn to the fact that local landowners in Rossport, County Mayo, have received documentation from a company (details supplied) through their solicitors regarding a compulsory purchase order.
[19853/01]
Michael Ring
Ceist:
162
Mr. Ring
asked the
Minister for the Marine and Natural Resources
if he is drafting a statutory instrument to give himself compulsory purchase order powers to pass onto a private company.
[19856/01]
I propose to take Questions Nos. 155, 156, 160 and 162 together.
I refer the Deputy to my reply of 12 June 2001 to Question No. 158 in which I outlined circumstances and procedures relating to the compulsory acquisition of land or ancillary rights over land for the purpose of petroleum exploitation. The power of compulsory acquisition of land or ancillary rights is vested in the Minister and not in any private company and the provisions for such are set out in sections 23 to 26 of the Petroleum and Other Minerals Development Act, 1960.
I am aware that the company referred to by the Deputy is currently conducting negotiations about the acquisition of wayleaves with landowners in the north Mayo area. The company has indicated that there are a number of cases where it is unlikely that they will receive consent and have consequently indicated that they may require compulsory acquisition procedures. If the company wishes to pursue the matter of compulsory acquisition of an ancillary right – wayleave – in that instance then it will be a matter for the company to formally apply to me for it.
Should the position arise that I am of the opinion that it is necessary for the efficient or convenient exploitation of petroleum to acquire any ancillary right then I will give consideration to compulsory acquisition. Communications between the company and landowners in Rossport, County Mayo, are a matter for the company itself and I have no function in the matter.
I am currently pursuing the question of the transfer of certain functions in relation to upstream pipelines under the Gas Act, 1976, from the Minister for Public Enterprise to myself. These functions relate to the construction, maintenance and repair of upstream pipelines including environmental impact assessment provisions and also include powers and functions relating to compulsory acquisition orders.
Section 32 of the Gas Act, 1976, as amended by the Gas (Amendment) Act, 2000, deals with compulsory acquisition orders under this section. A person who has obtained the consent of the appropriate Minister to construct a gas pipeline may in accordance with section 8 of the Gas Act apply under section 32 of the Act as amended by Section 20(5) of the Gas (Amendment) Act, 2000, for an acquisition order to acquire compulsorily any land or right over land which is required for the construction of the gas pipeline.
The Second Schedule of the Gas Act sets out procedures associated with compulsory acquisition orders. In summary these require the applicant to: submit a draft of the order applied for; submit plans, specifications and other documents showing the situation of the land to which the order sought is to apply including the stretch of land or corridor over which it is proposed to construct the pipeline including the limits within which the applicant may consider it necessary to construct outside the "corridor" of the pipeline; submit a statement of the nature of the estate or interest in such right over land which the applicant seeks to acquire by virtue of the order; keep deposited at places appointed by the Minister, for such periods as the Minister may direct, copies of the documentation relating to the application and publish in such newspaper(s) as the Minister may direct notice of the application indicating, inter alia, that objections and representations may be made in writing to her about the application, specifying the period during which such representations/objections may be inspected.
Article 7 of the Second Schedule provides that in cases of dispute as to the amount of compensation payable the Minister may direct that an oral hearing be conducted and every person who makes an objection or representation relating to the application is entitled to appear and be heard at the hearing. When the procedures relating to requirements of Article 7 of the Second Schedule have been complied with the Minister may grant an acquisition order in whole or in part and subject to any variations or amendments to the application as appropriate.
