Here's the text of a mail I sent enquiring about current Fracking regulations on the 11th of April. See response below.

I was wondering. Why is the practice of 'fracking' or 'hydraulic fracking' not explicitly banned in Ireland? If this information is not immediately available to you, I would appreciate if you could forward my inquiry to the appropriate place/department/person.

I would also like to know if 'fracking' is a commonplace in Ireland and if so what kind of regulations/licenses and supervisions are in place to make sure any known or suspected environmental consequences are minimised?

and the detailed response I got from Fergus O'Dowd T.D. Minister Minister of State, Department of Communications, Energy and Natural Resources.

Thank you for your recent letter regarding fracking. I am aware that there has been a good deal of public interest recently on the topic of onshore gas exploration. While there has been considerable focus on the possibility of the technology of hydraulic fracturing (“fracking”) being used, the authorisations that have been granted by my Department do not permit exploration drilling of any kind at this point in time and specifically do not provide for fracking.

The authorisations granted by my Department in February 2011 are called “licensing options”. The licensing options are for a two-year period from 1st March 2011. Exploration drilling, including drilling that involves hydraulic fracking is not permitted under these licensing options. Before the companies concerned could apply for an exploration licence and proceed to an exploration drilling phase, they must first complete the licensing option work programme agreed with my Department.

These work programmes are primarily based on desktop studies of existing data and should be completed by February 2013. When they have completed their work programmes, three months before this deadline, each company will then have to decide if it wishes to move to the next stage and apply for an exploration licence.

Any application for an exploration licence that would involve exploration drilling, including drilling that proposed using hydraulic fracturing would likely involve 1-3 exploration wells and would require: A consent from the Minister for Communications, Energy and Natural Resources (who would be advised by the EPA and National Parks and Wildlife Service); and Planning permission for the well pads from the local authority.

Such an application would be would be subject to the requirements of the Environmental Impact Assessment (EIA) Directive Such an assessment would entail consideration of the potential impacts of the project on population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors. This process would also include a Public Consultation Phase, of eight weeks, which would be advertised on my Department’s website and in the local press. This would provide an opportunity for the public to input into the decision making process. My Department would also seek and be guided by the expert advice of other relevant statutory authorities such as the Environmental Protection Agency (EPA), the National Parks and Wildlife Service (NPWS) and the Local Authorities. The outcome of the EIA would help determine whether or not an Exploration Licence would be granted. - Activities associated with exploration drilling would also require planning permission.

In the event that at some point in the future a commercial discovery of natural gas is made and an onshore gas extraction project is proposed, in addition to the EIA process described above, there is also a comprehensive regulatory framework in place that would apply to any such proposal. The development of such a project would require a number of statutory consents including a planning consent from An Bord Pleanála under the Planning and Development (Strategic Infrastructure Act) 2006, an Integrated Pollution Prevention Control Licence from the Environmental Protection Agency (EPA), along with a Petroleum Lease, a Plan of Development consent and a Gas Pipeline consent from myself as Minister of State at the Department of Communications, Energy and Natural Resources.
A production project that might involve a large number of wells and well pads would require all of the following consents: A planning consent from An Bord Pleanála under the Strategic Infrastructure Act An IPPC Licence from the EPA A Plan of Development consent and a Gas Act consent from the Minister for Communications, Energy and Natural Resources A Gas Act consent from the Commission for Energy Regulation (to bring gas to the national grid) A Safety Case approval from the Commission for Energy Regulation (the Commission is currently developing its safety framework).

EU Commission Guidance on Regulation The EU Commission has recently published a guidance note identifying the following Directives that could apply through the life cycle of a shale gas production project:

· Environmental Impact Assessment Directive

· Mining Waste Directive

· Water Framework Directive

· REACH Directive

· Biocidal Products Directive

· Seveso 11 Directive

· Habitats Directive

· Environmental Liability Directive

A core element of these consent processes would be to consider the potential environmental impact of any proposed development.

While it is also too early for a formal public consultation at this point as too many factors have as yet to be decided, including whether or not drilling will actually be proposed, I am aware that public bodies that would have roles were there to be an application for exploration or production that involved hydraulic fracturing, are seeking more information on the issues involved. Minister Rabbitte has requested the EPA to conduct research and advise on the environmental implications of hydraulic fracturing as a means of extracting natural gas from underground reserves. The EPA is currently funding preliminary background research in the form of a study being carried out by Aberdeen University and a report in respect of this study is expected shortly.

The EPA proposes to commission a further and more extensive study in 2012 and is liaising with my Department in relation to the scope of same. The final scope will be informed in part by the findings of the Aberdeen University study.

I hope that you will find this information helpful.