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 Header Item Written Answers Nos. 158-166
 Header Item ESB Compensation Scheme
 Header Item ESB Compensation Scheme
 Header Item ESB Compensation Scheme
 Header Item ESB Procedures
 Header Item Building Regulations Application
 Header Item ESB Compensation Scheme
 Header Item Alternative Energy Projects

Wednesday, 17 April 2013

Dáil Éireann Debate
Vol. 799 No. 2

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Written Answers Nos. 158-166

ESB Compensation Scheme

 158. Deputy Barry Cowen Information on Barry Cowen Zoom on Barry Cowen asked the Minister for Communications, Energy and Natural Resources Information on Pat Rabbitte Zoom on Pat Rabbitte the amount of compensation that the ESB paid out annually since 2005 under the headings: the board's mast interference or mast compensation scheme, the ESB-IFA agreement for loss of tree planting rights, clause 7 of the ESB policy towards landowners for overhead lines, the loss of development rights section of the ESB-IFA code of practice for the survey, construction and maintenance of overhead lines in relation to the rights of landowners.  [17811/13]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Information on Pat Rabbitte Zoom on Pat Rabbitte This is an operational matter for the company involved and I, as Minister, have no role or function in this regard.

ESB Compensation Scheme

 159. Deputy Barry Cowen Information on Barry Cowen Zoom on Barry Cowen asked the Minister for Communications, Energy and Natural Resources Information on Pat Rabbitte Zoom on Pat Rabbitte if compensation has been paid by the ESB under the provisions of a specific statute under each of the following policies/agreements: the board's mast interference or mast compensation scheme, the ESB-IFA agreement for loss of tree planting rights, clause 7 of the ESB policy towards landowners for overhead lines, the loss of development rights section of the ESB-IFA code of practice for the survey, construction and maintenance of overhead lines in relation to the rights of landowners; if so, if he will detail the relevant statute; if it is non-statutory compensation paid on an ex gratia basis; if so, the compensation awarded; and if he will make a statement on the matter.  [17812/13]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Information on Pat Rabbitte Zoom on Pat Rabbitte This is an operational matter for the company involved and I, as Minister, have no role or function in this regard.   

ESB Compensation Scheme

 160. Deputy Barry Cowen Information on Barry Cowen Zoom on Barry Cowen asked the Minister for Communications, Energy and Natural Resources Information on Pat Rabbitte Zoom on Pat Rabbitte the number of the following policies, agreements or schemes available to landowners who have purchased lands with high voltage electricity transmission lines in place: the Board's mast interference or mast compensation scheme, the ESB/IFA agreement for loss of tree planting rights, clause 7 of the ESB Policy Towards Landowners for Overhead Lines, the Loss of Development Rights Section of the ESB/IFA Code of Practice for the Survey, Construction and Maintenance of Overhead Lines in relation to the Rights of Landowners,; and if he will make a statement on the matter. [17813/13]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Information on Pat Rabbitte Zoom on Pat Rabbitte This is an operational matter for the company involved and I, as Minister, have no role or function in this regard.   

ESB Procedures

 161. Deputy Barry Cowen Information on Barry Cowen Zoom on Barry Cowen asked the Minister for Communications, Energy and Natural Resources Information on Pat Rabbitte Zoom on Pat Rabbitte the procedures and criteria used by the ESB following receipt of notice from a landowner of their intention to erect buildings or structures within 25 yards of the centre line of a high voltage electricity transmission line under section 20 of the 1934 Electricity Supply (Amendment )(No. 2) Act; and if he will make a statement on the matter. [17814/13]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Information on Pat Rabbitte Zoom on Pat Rabbitte This is an operational matter for the company involved and I, as Minister, have no role or function in this regard.

Building Regulations Application

 162. Deputy Barry Cowen Information on Barry Cowen Zoom on Barry Cowen asked the Minister for Communications; Energy and Natural Resources Information on Pat Rabbitte Zoom on Pat Rabbitte the number of applications for a Building Prohibition Order received from the ESB under section 19 of the Electricity Supply (Amendment)(No. 2) Act 1934 in the past 30 years in tabular form; the decision made in each application; and if he will make a statement on the matter. [17815/13]

 163. Deputy Barry Cowen Information on Barry Cowen Zoom on Barry Cowen asked the Minister for Communications; Energy and Natural Resources Information on Pat Rabbitte Zoom on Pat Rabbitte the compensation that is available to a person when he grants a Building Prohibition Order prohibiting or otherwise restricting the erection of buildings or structures on their land; and if he will make a statement on the matter. [17816/13]

 164. Deputy Barry Cowen Information on Barry Cowen Zoom on Barry Cowen asked the Minister for Communications; Energy and Natural Resources Information on Pat Rabbitte Zoom on Pat Rabbitte if concerns have been raised that the provisions of section 19 of the Electricity Supply (Amendment)(No. 2) Act 1934 may be unconstitutional; and if he will make a statement on the matter. [17817/13]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Information on Pat Rabbitte Zoom on Pat Rabbitte I propose to take Questions Nos. 162 to 164, inclusive, together.

  As far as I am aware, there have been no applications for a Building Prohibition Order under section 19 of the Electricity Supply (Amendment)(No. 2) Act 1934 in the relevant period.

  My understanding is that there is no legislative provision which provides for the payment of compensation on the issuance of a Building Prohibition Order under Section 19 of the Electricity Supply (Amendment)(No. 2) Act 1934.

I am not aware of any concerns having been raised on the constitutionality or otherwise of Section 19 of the relevant Act.

ESB Compensation Scheme

 165. Deputy Barry Cowen Information on Barry Cowen Zoom on Barry Cowen asked the Minister for Communications, Energy and Natural Resources Information on Pat Rabbitte Zoom on Pat Rabbitte the reason the ESB has adopted non-statutory policies and codes of practice, that is, clause 7 of the Policy Towards Landowners for Overhead Lines and the loss of development rights section of the ESB/IFA Code of Practice which purport to describe the criteria under which the ESB will deal with and/or compensate landowners who wish to erect buildings or structures on their land, when the only statutory powers for prohibiting or restricting the erection of buildings or structures on land crossed by electricity transmission lines and pylons belong to the Minister under section 19 of the Electricity Supply (Amendment)(No. 2) Act 1934; and if he will make a statement on the matter. [17818/13]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Information on Pat Rabbitte Zoom on Pat Rabbitte This is an operational matter for the company involved and I, as Minister, have no role or function in this regard. However, I would point out to the Deputy that compensation is required to be fixed under and in accordance with statute only in default of agreement between the parties. I understand that the payment of agreed compensation under non-statutory schemes, including that drawn up between the ESB and the IFA, is a long-standing practice that operates in ease of both parties.

Alternative Energy Projects

 166. Deputy Sean Fleming Information on Seán Fleming Zoom on Seán Fleming asked the Minister for Communications, Energy and Natural Resources Information on Pat Rabbitte Zoom on Pat Rabbitte if he will list the membership of the committee reviewing wind turbines; when they are expected to report; and if he will make a statement on the matter. [17893/13]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Information on Pat Rabbitte Zoom on Pat Rabbitte The technical review of the Wind Energy Guidelines is being overseen by officials from the Department of the Environment, Community and Local Government, my Department and the Sustainable Energy Authority of Ireland. The review will be completed later this year.


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