Minerals Development Act, 1940

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MINERALS DEVELOPMENT ACT, 1940.

ARRANGEMENT OF SECTIONS

PART I

Preliminary Section

Section 1

Short title.

Section 2

Definitions.

Section 3

“Minerals”.

Section 4

State mining rights under the Land Purchase Acts.

Section 5

“State minerals”.

Section 6

“Ancillary rights”.

PART II

Right of Entering and Prospecting Unworked Minerals and Grant of Prospecting Licences

Section 7

Entering and prospecting for minerals.

Section 8

Prospecting licences.

Section 9

Applications for prospecting licences.

Section 10

Compensation for damage under Part II.

Section 11

Restriction on working minerals by licensees.

Section 12

Revocation and termination of prospecting licences.

Section 13

Undertaking by Minister to grant leases.

PART III

Compulsory Acquisition of Unworked Minerals and of Mining Facilities

Section 14

Minerals acquisition orders.

Section 15

Publications and services in respect of minerals acquisition orders.

Section 16

Compensation for State acquired minerals.

Section 17

Claims for compensation for State acquired minerals.

Section 18

Surrender by the Minister of an exclusive mining right.

Section 19

Compulsory acquisition of land and ancillary rights.

Section 20

Notices in respect of mining facilities acquisition orders.

Section 21

Compensation for mining facilities.

Section 22

Licences in respect of State acquired minerals.

Section 23

Applications for licences in respect of State acquired minerals.

Section 24

Form and contents of licences in respect of State acquired minerals.

Section 25

Compensation for damage under Part III.

PART IV

State Minerals

Section 26

State mining leases.

Section 27

Furnishing of information by lessees of State mining leases.

Section 28

Grant of State mining permissions.

Section 29

Saving in respect of State lands.

Section 30

Right of Minister to work and dispose of State minerals.

Section 31

Right of entry and user of land containing State minerals.

Section 32

Fencing of abandoned State minerals.

PART V

The Mining Board

Section 33

Establishment of the Mining Board.

Section 34

Regulations for proceedings before Board.

Section 35

Powers of Board.

Section 36

Entry on land by the Board or officers thereof.

Section 37

Staff of the Board.

PART VI

Facilities for Development of Privately Owned Minerals and Grant of Restrictions on Working Minerals Required for the Support of Land or Buildings

Section 38

Applications for unworked minerals licences.

Section 39

Restrictions on the grant of unworked minerals licences.

Section 40

Applications for ancillary rights licences.

Section 41

Restrictions on the grant of ancillary rights licences.

Section 42

Applications for preservation of support orders.

Section 43

Restrictions on the grant of preservation of support orders.

Section 44

Preliminary consideration of applications and references to Board.

Section 45

Fees on applications.

Section 46

Inquiry and report by Board in relation to applications.

Section 47

Grant of applications by Minister.

Section 48

Form and operation of unworked minerals licences.

Section 49

Form and operation of ancillary rights licences.

Section 50

Form and operation of preservation of support orders.

Section 51

Restricted effect of grant of licences and orders.

Section 52

Grant of licences and orders to persons in a fiduciary capacity.

Section 53

Compensation under Part VI.

Section 54

Expenses of the Board in relation to inquiries.

Section 55

Costs of the parties at inquiries.

Section 56

Furnishing of information to Minister by licensees.

PART VII

Compensation

Section 57

Definitions for purposes of Part VII.

Section 58

Determination of the amount of compensation.

Section 59

Applications for compensation in respect of land.

Section 60

Agreed compensation in respect of land subject to land purchase annuity.

Section 61

Applications for compensation for State acquired minerals.

Section 62

Applications for compensation under Part VI.

Section 63

Fees on applications for compensation.

Section 64

Right of audience on hearings before the Board.

Section 65

Awards of compensation.

Section 66

Awards of compensation in respect of land subject to land purchase annuity.

Section 67

Basis for assessment of compensation in respect of minerals and ancillary rights.

Section 68

Form of compensation for State acquired minerals and for unworked minerals licences.

Section 69

Compensation in the case of unascertained persons.

Section 70

Finality of Board's decisions on questions of fact.

Section 71

Cases stated on questions of law.

Section 72

Deductions from compensation of debts due to the State.

Section 73

Awards of costs.

PART VIII

Miscellaneous and General

Section 74

Prohibition on working minerals without lawful authority.

Section 75

Minister to be given notice of shafts and boreholes.

Section 76

Powers of Inspectors.

Section 77

Laying of half-yearly reports before the Oireachtas.

Section 78

Disposal of moneys received as consideration.

Section 79

Collection and disposal of fees.

Section 80

Regulations.

Section 81

Expenses.

Section 82

Amendment of the Foreshore Act, 1933.

Section 83

Repeal of the Act of 1931.

SCHEDULE Acts Referred to Mines and Minerals Act, 1931 No. 54 of 1931 Land Act, 1923 No. 42 of 1923 Foreshore Act, 1933 No. 12 of 1933 Acquisition of Land (Reference Committee) Act, 1925 No. 22 of 1925 National Monuments Act, 1930 No. 2 of 1930 Number 31 of 1940.

MINERALS DEVELOPMENT ACT, 1940.

AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE DEVELOPMENT AND WORKING OF THE MINERAL RESOURCES OF THE STATE. [14th November, 1940.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary.

Short title.

1.—This Act may be cited as the Minerals Development Act, 1940.

Definitions.

2.—In this Act— the expression “the Minister” means the Minister for Industry and Commerce; the expression “the Land Commission” means the Irish Land Commission; the expression “the Act of 1931” means the Mines and Minerals Act, 1931 (No. 54 of 1931); the expression “land purchase annuity” means a land purchase annuity payable under the Land Purchase Acts to the Land Commission; the word “rent” includes any periodical payment in the nature of rent; the expression “royalty rent” means a rent calculated by reference to the quantity, price, or value of minerals gotten; the word “surface”, when used in relation to land, includes any buildings, works, or things erected, constructed or growing on such land; the word “working”, when used in relation to minerals, includes digging, searching for, mining, getting, raising, taking, carrying away, treating, and converting such minerals, and cognate words shall be construed accordingly; the expression “exclusive mining right” means a right of working minerals vested in any person exclusive of any other person; the expression “scheduled mineral” means any substance mentioned in the Schedule to this Act; the expression “mineral compound” means any substance formed by the chemical combination of one scheduled mineral with any other such mineral; the expression “mineral substance” means any substance of a similar nature to any scheduled mineral; the word “prescribed” means prescribed by regulations made by the Minister under this Act. “Minerals”.

3.—In this Act (save where the context otherwise requires) the word “minerals” means all substances (other than the agricultural surface of the ground and other than turf or peat) in, on, or under land, whether obtainable by underground or by surface working, and includes all mines, whether they are or are not already opened or in work, and also includes the cubic space occupied or formerly occupied by minerals, and, for greater certainty but without prejudice to the generality of the foregoing, the said word includes all scheduled minerals.

State mining rights under the Land Purchase Acts.

4.—(1) Every State mining right to which this section applies shall include and be deemed always to have included a right to work scheduled minerals, mineral compounds, and mineral sub-stances within the meaning of this Act, and in this Act, the word “minerals”, when used in relation to any such State mining right, shall be construed accordingly.

5.—The following minerals and exclusive mining rights shall be State minerals for the purposes of this Act and the expression “State minerals” shall in this Act be construed accordingly, that is to say:— (a) any minerals and any exclusive mining right which, at the date of the passing of this Act, belong to or are the property of the State or the People, and are vested (subject to any lease granted under the Act of 1931) in the State or in any Minister of State; (b) any minerals and any exclusive mining right which, on or after the passing of this Act become, by any means, the property of or vested in the State or the People or become vested in a Minister of State, as on and from the date upon which they become such property or become so vested; (c) without prejudice to the generality of the next preceding paragraph of this section, any minerals or any exclusive mining right which become vested in the Minister by virtue of a minerals acquisition order for the time being in force made under the provisions of

Part III

of this Act, for so long as such minerals or such exclusive right shall be so vested; (d) notwithstanding anything contained in the Foreshore Act, 1933 (No. 12 of 1933), and without prejudice to the generality of paragraphs (a) and (b) of this section, any minerals lying on or under foreshore belonging to the State within the meaning of that Act, as adapted in consequence of the enactment of the Constitution; (e) without prejudice to the generality of paragraph (a) and (b) of this section, all mines of gold and silver. “Ancillary rights”.

6.—The following rights shall be ancillary rights for the purposes of this Act, and, in this Act, the expression “ancillary rights” shall be construed accordingly, that is to say:— (a) a right to let down the surface including a right to let down superincumbent or adjacent strata up to and including the surface; (b) a right of air-way, shaft-way, or surface or underground way-leave, or other right for the purpose of access to or conveyance of minerals or machinery or the ventilation or drainage or working of mines; (c) a right to construct, operate and maintain roads and railways for the conveyance of minerals from any mine to any existing road or railway system and for that purpose to use and occupy land and to exercise any right in or over land or water or in or over any public road; (d) a right to use and occupy the surface of land for the erection of crushing and dressing mills, washeries, coke ovens, railways, aerial rope ways, aerial tramways, by-product works or brick making or other works, or for dwellings for persons employed in connection with the working of minerals or with any such works as aforesaid; (e) a right to a supply of water or other substances in connection with the working of minerals; (f) a right to dispose in a particular manner of water or other liquid matter obtained from mines or any byproduct works; (g) a right to dispose in a particular manner of waste products obtained in connection with the working of minerals; (h) a right to dam or divert any river, or watercourse, including an artificial watercourse; (i) a right to divert sewers, watermains, and pipes; (j) a right to divert a public road, street, or way, or a private way, and to substitute for an existing bridge another bridge on a different site; (k) a right to divert a railway or a tramway; (l) a right to demolish buildings which impede the proper working of any minerals.

PART II.

Right of Entering and Prospecting Unworked Minerals and Grant of Prospecting Licences.

Entering and prospecting for minerals.

7.—(1) Whenever it appears to the Minister that there are minerals on or under any land and that such minerals are not being worked or are not being worked efficiently, the Minister may, subject to giving the notice required by this section, do, at his discretion, either of the following things, that is to say:— (a) enter upon such land and there do all such things as are in his opinion necessary or desirable for the purpose of ascertaining the character, extent, or value of such minerals and, in particular make borings, sink pits, remove water from old workings, and take and remove reasonable quantities of such minerals for analysis, test, trial, or experiment; (b) grant to any person, in accordance with this Part of this Act, such licence (in this Act referred to as a prospecting licence) in respect of such minerals as is authorised by this Part of this Act.

Prospecting licences.

8.—(1) Every prospecting licence shall be granted upon such terms and conditions as the Minister thinks proper and specifies in such licence.

Applications for prospecting licences.

9.—(1) The Minister may make regulations for all or any of the following purposes, that is to say:— (a) prescribing the form and manner in which applications for prospecting licences shall be made; (b) requiring the payment of fees on such applications and prescribing the amounts of such fees; (c) specifying the conditions to be complied with by applicants for prospecting licences; (d) requiring every applicant for a prospecting licence to furnish evidence as to his character, financial standing, and technical qualifications and to give security for the due fulfilment of his obligations under such licence, and prescribing the nature of such evidence and of such security respectively; (e) specifying the terms and conditions to be incorporated in prospecting licences (including the period for which the licence is granted) and the obligations imposed on the licensees thereunder.

Compensation for damage under Part II.

10.—(1) Whenever damage to the surface of any land is caused, whether directly or indirectly, either— (a) by the exercise by the Minister under this Part of this Act of his right of entering and prospecting, or (b) by the exercise by the licensee under a prospecting licence of his rights under such licence, the Minister or the said licensee (as the case may be) shall be liable to pay compensation (in this Act referred to as compensation for damage under Part II) for such damage.

Part VII

of this Act.

Restriction on working minerals by licensees.

11.—(1) It shall not be lawful for any licensee under a prospecting licence to work, sell, or otherwise dispose of any minerals lying on or under the land in respect of which such licence was granted.

Revocation and termination of prospecting licences.

12.—(1) The Minister may at any time, in his absolute discretion, revoke a prospecting licence.

Undertaking by Minister to grant leases.

13.—(1) On the granting or at any time during the currency of a prospecting licence, the Minister may enter into an undertaking with the licensee under such licence to the effect that if, at any time during the currency or on the expiration of such licence, the Minister is satisfied that the prospecting carried on by such licensee has been successful and that the terms and conditions of such licence have been observed and performed, the Minister will grant to such licensee a State mining lease under

Part IV

of this Act to take effect from such date, either before or after the expiration of such licence, as may be specified in the State mining lease.

PART III.

Compulsory Acquisition of Unworked Minerals and of Mining Facilities.

Minerals acquisition orders.

14.—(1) Whenever it appears to the Minister that there are minerals on or under any land and that such minerals are not being worked or are not being worked efficiently and the Minister is of opinion that it is desirable in the public interest, with a view to the exploitation of such minerals, that the working of such minerals should be controlled by the State, the Minister, with the consent of the Minister for Finance, may by order (in this Act referred to as a minerals acquisition order) either, as he shall, with the consent aforesaid, think proper, compulsorily acquire such minerals or compulsorily acquire an exclusive mining right in respect of such minerals.

Publications and services in respect of minerals acquisition orders.

15.—(1) Whenever the Minister makes a minerals acquisition order he shall do every of the following things as soon as may be after the making of such order, that is to say:— (a) publish notice of the making of such order in the Iris Oifigiúil and in such newspapers as he shall think proper; (b) deposit in the office of the Geological Survey, Dublin, a map (on a suitable scale and showing all relevant detail) of the area in which are situate the minerals to which such order relates.

Compensation for State acquired minerals.

16.—(1) The Minister shall be liable to pay compensation (in this Act referred to as compensation for State acquired minerals) for any minerals or any exclusive mining right acquired by him by a minerals acquisition order.

Part VII

of this Act.

Claims for compensation for State acquired minerals.

17.—(1) Any person who claims to be entitled under this Part of this Act to compensation for State acquired minerals acquired by a minerals acquisition order may, at any time within two months, or such longer time (not exceeding altogether twelve months) as the Minister may in any particular case allow, after the publication in the Iris Oifigiúil of notice of the making of such order lodge with the Minister a claim for such compensation.

Surrender by the Minister of an exclusive mining right.

18.—Whenever an exclusive mining right has become vested in the Minister by virtue of a minerals acquisition order, the Minister, with the consent of the Minister for Finance, may, by order at any time while such right is so vested surrender such right.

Compulsory acquisition of land and ancillary rights.

19.—(1) Whenever the Minister is of opinion that it is necessary for the efficient or convenient exploitation of any State minerals to acquire any land or any ancillary right, the Minister, with the consent of the Minister for Finance, may by order (in this Act referred to as a mining facilities acquisition order), compulsorily acquire, either permanently or temporarly, such land or such ancillary right.

Notices in respect of mining facilities acquisition orders.

20.—(1) Whenever the Minister proposes to make a mining facilities acquisition order he shall comply with whichever of the following provisions is applicable, that is to say:— (a) where the Minister proposes to acquire any land by such order, he shall, at least one month or, if there is an occupied dwelling-house on such land, at least three months before making such order, serve on every person appearing to him to have an interest in such land notice of his intention to make such order, and publish at least once in each of two newspapers circulating in the neighbourhood of such land a like notice of his said intention; (b) where the Minister proposes to acquire an ancillary right by such order, he shall, at least one month before making such order, serve on every person appearing to him to have an interest in any property which would be affected by the exercise of such right notice of his intention to make such order and publish at least once in each of two newspapers circulating in the neighbourhood of any such property a like notice of his said intention.

Compensation for mining facilities.

21.—(1) The Minister shall be liable to pay compensation (in this Act referred to as compensation for mining facilities) for any land or ancillary right acquired by him under a mining facilities acquisition order.

Part VII

of this Act.

Licences in respect of State acquired minerals.

22.—(1) Whenever the Minister has acquired any minerals by a minerals acquisition order, the Minister may, at any time thereafter, grant to any person a licence (in this Act referred to as a State acquired minerals licence) to work such minerals.

Applications for licences in respect of State acquired minerals.

23.—(1) The Minister may make regulations for all or any of the following purposes, that is to say:— (a) prescribing the form and manner in which applications for a State acquired minerals licence or a mining facilities licence shall be made; (b) requiring the payment of fees on such applications and prescribing the amounts of such fees; (c) specifying the conditions to be complied with by applicants for any such licence; (d) specifying the terms and conditions to be incorporated in such licences (including the period for which the licence is granted) and the obligations to be imposed by such licences on the licensees thereunder and, in particular, requiring the licensee under any such licence, in exercising the rights conferred thereby, to have due regard to the amenities of the locality in which is situate the subject matter of such licence; (e) requiring every applicant for a State acquired minerals licence to furnish evidence as to his character, financial standing, and technical qualifications and to give security for the due fulfilment of his obligations under such licence, and prescribing the nature of such evidence and of such security respectively.

Form and contents of licences in respect of State acquired minerals.

24.—(1) The following provisions shall apply and have effect in relation to every State acquired minerals licence and every mining facilities licence, that is to say:— (a) such licence shall be granted upon such terms and conditions as the Minister thinks proper and specifies in such licence, and different terms and conditions may be so specified in respect of State acquired minerals licences and in respect of mining facilities licences; (b) on the granting, of such licence, the licensee shall pay to the Minister such consideration therefor as the Minister, with the concurrence of the Minister for Finance, may determine.

Compensation for damage under Part III.

25.—(1) Whenever damage to the surface of any land is caused, either directly or indirectly, by the exercise by the licensee under a State acquired minerals licence or a mining facilities licence of his rights under such licence, the said licensee shall be liable to pay compensation (in this Act referred to as compensation for damage under Part III) for such damage.

Part VII

of this Act.

PART IV.

State Minerals.

State mining leases.

26.—(1) If, in the opinion of the Minister, it is in the public interest that any State minerals should be granted by way of lease to any person, the Minister may demise such minerals to such person by way of lease (in this Act referred to as a State mining lease) for such term as the Minister shall think proper.

Furnishing of information by lessees of State mining leases.

27.—(1) Every lessee under a State mining lease shall furnish to the Minister, within twenty-eight days after being required by the Minister so to do, such information as the Minister may, at any time, require in relation to the minerals demised by such lease or to the working of such minerals.

Grant of State mining permissions.

28.—(1) Where— (a) any substances to which this section applies are comprised in a deposit of State minerals, and (b) any person desires to obtain permission to work any one or more of such substances in small quantities, and (c) such person satisfies the Minister that, on account of the small value or quantity of such substances which he desires to work, or the limited period for which he desires to work them, or for any other reason, the permission required is of trifling importance and will not materially affect the said deposit of State minerals, the Minister may, if he so thinks fit, on the application of such person in accordance with this section, grant to such person a right (in this Act referred to as a State mining permission) to work such substances in small quantities.

Saving in respect of State lands.

29.—The Minister shall not grant a State mining lease or a State mining permission in respect of minerals which lie on or under land vested in or in the occupation of any other Minister of State, save after consultation with such Minister.

Right of Minister to work and dispose of State minerals.

30.—(1) It shall be lawful for the Minister, with the consent of the Minister for Finance, at any time, subject to the terms of any lease, licence, or permission granted by him under this Act, to work State minerals, wherever they are situate, and to sell or otherwise dispose of the minerals obtained by such working.

Right of entry and user of land containing State minerals.

31.—(1) Where there are State minerals lying on or under any land, it shall be lawful for the Minister, at any time, subject to the terms of any lease, licence, or permission granted by him under this Act, to enter on and use such land in such manner as may be reasonably necessary for the purpose of working such minerals or for any purpose incidental thereto.

Part VII

of this Act.

Fencing of abandoned State minerals.

32.—(1) Where the working of any State minerals has been abandoned or discontinued, whether before or after the passing of this Act, the Minister may cause the top or entrance of every shaft or outlet used in connection with such working to be kept surrounded by a structure of a permanent character sufficient to prevent accidents, and may enter on any land for the purpose of so doing.

PART V.

The Mining Board.

Establishment of the Mining Board.

33.—(1) There shall be established a board to be known as the Mining Board (in this Act referred to as the Board) consisting of a chairman and two ordinary members to fulfil the functions assigned to it by this Act.

Regulations for proceedings before Board.

34.—The Minister may by order make regulations in relation to all or any of the following matters, that is to say:— (a) the times and places of the sittings of the Board; (b) the persons to whom and the times and manner in which notice of the sittings of the Board shall be given; (c) the admission or exclusion of the public to or from sittings of the Board; (d) such other matters in relation to the practice and procedure of the Board as the Minister may consider necessary or expedient for the proper conduct of the business of the Board.

Powers of Board.

35.—(1) The Board shall have all such powers, rights, and privileges for enforcing the attendance of witnesses and examining them on oath (which any member of the Board is hereby authorised to administer) or otherwise and for compelling the production of documents as are vested in the High Court or a judge thereof in respect of the trial of an action, and a summons signed by any one or more members of the Board shall be equivalent to and have the like effect as a formal process issued by the High Court for enforcing the attendance of witnesses or compelling the production of documents, as the case may be.

Entry on land by the Board or officers thereof.

36.—(1) Any member of the Board and any person authorised in that behalf by the Board may for any purpose connected with the performance of the functions imposed by this Act on the Board enter on any land and make such investigation thereon as the Board may consider necessary for the purpose aforesaid.

Staff of the Board.

37.—(1) The Minister shall appoint a secretary of the Board and may, subject to the consent of the Minister for Finance as to the number, appoint such other officers and servants of the Board as he may consider necessary for assisting the Board in the performance of its functions.

PART VI.

Facilities for Development of Privately Owned Minerals and Grant of Restrictions on Working Minerals Required for the Support of Land or Buildings.

Applications for unworked minerals licences.

38.—(1) Any person who desires to obtain under this Act a licence (in this Act referred to as an unworked minerals licence) to work any particular minerals may apply in writing to the Minister for the grant to him of an unworked minerals licence in respect of the said minerals.

Restrictions on the grant of unworked minerals licences.

39.—(1) An unworked minerals licence shall not be granted unless all the following conditions (in this Act referred to as statutory conditions) are fulfilled, that is to say:— (a) the minerals in respect of which such licence is applied for are not being worked or are not being worked efficiently, and (b) the applicant for such licence desires to work the said minerals and possesses the technical and financial resources necessary for the proper and efficient working of the said minerals, and (c) it is not reasonably practicable for the said applicant to obtain by private arrangement a right to work the said minerals.

Applications for ancillary rights licences.

40.—(1) Any person who desires to obtain under this Act a licence (in this Act referred to as an ancillary rights licence) to exercise an ancillary right in relation to the working of minerals which he is entitled (otherwise than under a State mining lease or a State acquired minerals licence) to work may apply in writing to the Minister for the grant to him of an ancillary rights licence in respect of the working of the said minerals.

Restrictions on the grant of ancillary rights licences.

41.—(1) An ancillary rights licence shall not be granted unless all the following conditions (in this Act referred to as statutory conditions) are fulfilled, that is to say:— (a) the applicant for such licence is entitled to work the minerals in relation to the working of which such licence is applied for, and (b) the ancillary right in respect of which such licence is applied for is necessary for the proper and efficient working of the said minerals by the said applicant, and (c) it is not reasonably practicable for the said applicant to obtain by private arrangement the said ancillary right.

Applications for preservation of support orders.

42.—(1) Any person having an interest in land who, for the purpose of securing sufficient support for a building erected or intended to be erected on such land, desires to obtain under this Act an order (in this Act referred to as a preservation of support order) imposing restrictions on mining under such land or land adjacent thereto may apply in writing to the Minister for a preservation of support order in relation to such land and land adjacent thereto.

Restrictions on the grant of preservation of support orders.

43.—(1) A preservation of support order shall not be made unless all the following conditions (in this Act referred to as statutory conditions) are fulfilled, that is to say:— (a) mining operations which will prejudice the stability of the building in relation to which the order is applied for are in progress or are reasonably apprehended under the land on or in which such building is situate or under land adjacent to that land, and (b) the applicant for such order satisfies the Attorney-General that he is not entitled in law to such right of support in respect of such building as would enable him to obtain in a court of law relief in respect of the said mining operations, and (c) it is not reasonably practicable for the said applicant to obtain by private arrangement a right to such support as would effectually preserve the stability of such building.

Preliminary consideration of applications and references to Board.

44.—Whenever the Minister has received an application for an an unworked minerals licence, an ancillary rights licence, or a preservation of support order, the Minister shall at the expiration of the prescribed time for the making of representations by persons on whom a copy of such applications has been served in pursuance of this Part of this Act, do the following things or such of them as shall be applicable, that is to say:— (a) he shall consider such application; (b) he shall also consider all (if any) such representations as aforesaid as have been made within the said prescribed time; (c) if the Minister is not satisfied that a prima facie case has been made for the grant of the licence or order applied for, he shall refuse the application; (d) if the Minister does not refuse the application in pursuance of the next preceding paragraph of this sub-section, he shall refer the application to the Board.

Fees on applications.

45.—Every applicant for an unworked minerals licence, an ancillary rights licence, or a preservation of support order shall pay to the Minister such fee as shall be prescribed by the Minister, with the consent of the Minister for Finance, and the payment of such fee shall be a condition precedent to the consideration of such application.

Inquiry and report by Board in relation to applications.

46.—(1) Whenever an application for an unworked minerals licence, an ancillary rights licence, or a preservation of support order is referred to the Board by the Minister, the Board shall consider such application and shall for that purpose hold an inquiry at which the following persons shall be entitled to beheard, either in person or by solicitor or counsel, and to adduce evidence, that is to say:— (a) the applicant; (b) the Minister; (c) any person claiming to have an estate or interest in any minerals which are the subject of such application; (d) any other person in respect of whom it appears to the Board that he would be substantially affected by the grant of the application.

Grant of applications by Minister.

47.—(1) When the Minister has received the report of the Board on an application for an unworked minerals licence, an ancillary rights licence or a preservation of support order he shall, as he shall think proper having regard to such report and all the circumstances of the case and all (if any) matters to which he is required by this Act to have regard, either refuse such application or grant such application and issue the licence or make the order which is the subject of such application.

Form and operation of unworked minerals licences.

48.—(1) An unworked minerals licence shall be expressed and shall operate to confer on the licensee the right to work the minerals specified in such licence during the period and subject to the conditions similarly specified and subject to the payment to such person as shall be specified in such licence of such compensation as shall be fixed in accordance with this Act.

Form and operation of ancillary rights licences.

49.—(1) An ancillary rights licence shall be expressed and shall operate to confer on the licensee the ancillary right specified in such licence during the period, for the purpose, and subject to the conditions specified in such licence and subject to the payment to such person as shall be specified in such licence of such compensation as shall be fixed in accordance with this Act.

Form and operation of preservation of support orders.

50.—(1) A preservation of support order shall be expressed and shall operate to impose such restrictions as shall be specified in such order on the working of such minerals under such land as shall be similarly specified and to confer on such persons as shall be similarly specified a legal right, enforceable in any court of competent jurisdiction, to enforce the restrictions so imposed.

Restricted effect of grant of licences and orders.

51.—(1) Neither an unworked minerals licence nor an ancillary rights licence shall operate— (a) to confer on the licensee thereunder any greater or other power than would have been conferred on him by such licence if it had been granted by a person legally entitled (otherwise than under this Act) to grant the same, or (b) to relieve such licensee of any obligation or liability to which he would have been subject if such licence had been granted by any such person as aforesaid.

Grant of licences and orders to persons in a fiduciary capacity.

52.—(1) An unworked minerals licence or an ancillary rights licence may be expressed to be issued to the licensee thereunder as tenant for life or person having, the powers of a tenant for life under a settlement or as personal representative of a deceased person or as trustee or other person in a fiduciary capacity, and where any such licence is so expressed the benefit of such licence shall be deemed to be held by the licensee thereunder in such fiduciary capacity and as part of the property vested in him in that capacity.

Compensation under Part VI.

53.—(1) Every licensee under an unworked minerals licence or an ancillary rights licence shall pay compensation to such person or persons as shall be specified in such licence.

Part VII

of this Act.

Expenses of the Board in relation to inquiries.

54.—(1) Where the Minister refers to the Board an application for an unworked minerals licence, an ancillary rights licence, or a preservation of support order, the Minister, if he so thinks proper, may and if the Minister for Finance so directs, shall, by order made at the time of such reference or at any time thereafter, require the applicant to pay to the Minister the expenses incurred or to be incurred by the Board in or about the consideration of such application.

Costs of the parties at inquiries.

55.—(1) The costs of an inquiry held by the Board under this Part of this Act incurred by any party appearing at such inquiry shall be borne by that party, unless the Board consider that justice requires that those costs or any part thereof should be paid by some other party appearing at such inquiry, in which event they may include a recommendation to that effect in their report to the Minister.

Furnishing of information to Minister by licensees.

56.—(1) The Minister may, whenever he so thinks proper, require in writing any licensee under an unworked minerals licence to furnish to him such information in respect of the minerals to which such licence relates or in respect of the working of such minerals as the Minister shall require and shall specify in such requisition.

PART VII.

Compensation.

Definitions for purposes of Part VII.

57.—In this Part of this Act— the word “compensation”, when used without qualification, includes all kinds of compensation payable under this Act; the expression “compensation in respect of land” includes compensation for damage under Part II, compensation for damage under Part III, compensation for damage under Part IV, and compensation for mining facilities, or any such compensation, and references to “land” include references to ancillary rights, unless the context otherwise requires.

Determination of the amount of compensation.

58.—(1) The amount of compensation shall, in default of agreement, be determined by the Board in accordance with the provisions of this Part of this Act.

Applications for compensation in respect of land.

59.—(1) Where compensation in respect of land is payable, the following persons, namely— (a) the Minister, (b) if the land which is the subject of such compensation is subject to a land purchase annuity, the Land Commission, (c) any person claiming to be entitled to such compensation, may apply to the Board to determine the amount of such compensation.

Agreed compensation in respect of land subject to land purchase annuity.

60.—Where the amount of compensation in respect of land is fixed by agreement, and the land in respect of which such compensation is payable is subject to a land purchase annuity, the following provisions shall have effect, that is to say:— (a) the Land Commission shall be a party to such agreement; (b) such compensation or so much thereof as is payable under such agreement to the Land Commission shall, when received by them, be applied by them in accordance with the following provisions, that is to say:— (i) in case there are any arrears of such annuity and the amount so payable to the Land Commission (in this paragraph referred to as the said amount) does not exceed such arrears, in or towards discharge of such arrears, (ii) in case there are any arrears of such annuity and the said amount exceeds such arrears— (I) so much of the said amount as is equal to such arrears shall be applied in discharge of such arrears, and (II) the balance of the said amount shall be applied in or towards redemption of such annuity, (iii) in case there are no arrears of such annuity, in or towards redemption of such annuity; (c) if the Land Commission is not a party to such agreement, the payment of the amount of the compensation fixed thereby shall not operate as a good discharge to the person paying the same of his liability to pay such compensation.

Applications for compensation for State acquired minerals.

61.—(1) As soon as may be after the expiration of a period of two months or such later period (not exceeding altogether twelve months) as the Minister may in any particular case allow from the date of publication in the Iris Oifigiúil of any minerals acquisition order, the Minister shall, in default of agreement, apply to the Board to determine the amount of compensation payable by him for the State acquired minerals acquired by such order.

Part III

of this Act; (c) if any correspondence has occurred between the Minister and any claimant to such compensation in regard to the amount thereof, copies of such correspondence.

Applications for compensation under Part VI.

62.—Where compensation under Part VI is payable, any of the following persons, that is to say:— (a) any person claiming to be entitled to such compensation, or (b) any person by whom such compensation is payable, or (c) the Minister, may apply to the Board to determine the amount of such compensation.

Fees on applications for compensation.

63.—Whenever an application is made to the Board by any person, other than the Minister or the Land Commission, to determine compensation under this Act, such person shall pay to the Board in respect of such application, such fee as the Minister, with the sanction of the Minister for Finance, shall prescribe.

Right of audience on hearings before the Board.

64.—On the hearing of any application for compensation, the following persons, and no others, shall be entitled to appear, be heard and adduce evidence before the Board, that is to say:— (a) the Minister; (b) any person claiming to be entitled to such compensation; (c) any person claiming to have an estate or interest in the minerals or land in respect of which such compensation is claimed; (d) where compensation in respect of land is claimed, any person claiming an interest in such land; (e) where compensation in respect of land is claimed and such land is subject to a land purchase annuity, the Land Commission; (f) any person liable under the provisions of this Act to pay such compensation.

Awards of compensation.

65.—(1) The Board shall inquire into every application under this Part of this Act and shall, after such inquiry, make its award thereon.

Awards of compensation in respect of land subject to land purchase annuity.

66.—(1) Where compensation is assessed by the Board in respect of land which is for the time being subject to a land purchase annuity, the Land Commission may, if they so think fit, request the Board— (a) if the amount of such compensation is equal to or less than the redemption price of such annuity and the arrears (if any) of such annuity, to order by its award payment to the Land Commission of the whole or such part of the compensation as the Land Commission request, or (b) if the amount of such compensation exceeds the redemption price of such annuity and the arrears (if any) of such annuity, to order by its award payment to the Land Commission of such sum, not exceeding the amount of the said redemption price and arrears (if any), as the Land Commission request, and the Board shall comply with such request.

Basis for assessment of compensation in respect of minerals and ancillary rights.

67.—(1) Where compensation for State acquired minerals is payable in respect of State acquired minerals, or compensation for mining facilities is payable in respect of ancillary rights, the following provisions shall have effect for the purpose of determining the amount of such compensation, that is to say:— (a) the Board shall assess such compensation on the basis of what would be fair and reasonable as the consideration for a bargain between a willing grantor and a willing grantee; (b) for the purpose of the foregoing paragraph, the Board shall have regard to the conditions subject to which the State acquired minerals or ancillary rights, the subject of such compensation, were held prior to being acquired by the State under the relevant minerals acquisition order or mining facilities acquisition order (as the case may be), and also to the conditions under which and the period for which they were so acquired under such orders.

Form of compensation for State acquired minerals and for unworked minerals licences.

68.—In awarding compensation for State acquired minerals or compensation under Part VI in respect of the grant of an unworked minerals licence, the Board shall award such compensation in the form of a royalty rent, unless such State acquired minerals or the minerals the subject of such unworked minerals licence— (a) were, at the date on which they were respectively acquired or granted (as the case may be), held by the owners thereof subject to a dead rent or other fixed annual payment, or (b) were purchased by the owners thereof for valuable consideration within a period of twenty years prior to the date of the passing of this Act, and in either such case, the Board may, in its discretion, award such compensation either in the form of a lump sum payment, or a dead rent, or a royalty rent, or in any or all of such forms.

Compensation in the case of unascertained persons.

69.—(1) Whenever the Board is of opinion that compensation under Part VI is payable to any person, and such person cannot be found or ascertained, the Board may, in its discretion, do any or all of the following things, in such order as it thinks fit, that is to say:— (a) order that such measures as it may direct be taken to find or ascertain such person; (b) direct that the amount of such compensation be paid into the High Court in such manner as may be provided by rules of court; (c) direct that if such person is not found or ascertained within such period as may be specified, all claims to such compensation shall be extinguished after the expiration of such period.

Finality of Board's decisions on questions of fact.

70.—The decision of the Board on any question of fact arising in the course of proceedings under this Part of this Act shall be final, conclusive and unappealable, and such decision shall be binding on all parties to such proceedings and their privies, as if it were a judgment in personam.

Cases stated on questions of law.

71.—(1) The Board may, if it so thinks fit, of its own motion or on the application of any party to proceedings under this Part of this Act, and at any stage of such proceedings, refer any question of law arising in the course of such proceedings by way of case stated for the determination of the High Court, and may adjourn the pronouncement of its award pending such determination.

Deductions from compensation of debts due to the State.

72.—Where the amount of any compensation payable under this Act by the Minister to any person is determined by an award, and the Minister is notified before payment of such compensation, that a debt is due and owing by that person to any Minister of State or to the Central Fund, the Minister may deduct the amount of the debt from such compensation, and may direct that the amount so deducted be (as the case may require) either paid to the appropriate Minister of State or paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

Awards of costs.

73.—(1) The costs of the parties in any proceedings under this Part of this Act (other than the costs of and incidental to a reference to the High Court) shall be in the discretion of the Board, and the Board may, by its award, direct to and by whom and in what manner those costs or any part thereof shall be paid, and the Board may in any case disallow the costs of counsel.

PART VIII.

Miscellaneous and General.

Prohibition on working minerals without lawful authority.

74.—(1) Every person who, without lawful authority, works or attempts to work, or does anything for the purpose of working any minerals shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds together with, in the case of a continuing offence, a further fine not exceeding one hundred pounds for every day on which the offence is continued, or in the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

Minister to be given notice of shafts and boreholes.

75.—(1) Where a person proposes to sink a shaft or borehole intended to reach a depth of more than twenty feet below the surface, he shall, before commencing such sinking, give to the Minister two weeks' notice in writing of his intention so to do.

Powers of Inspectors.

76.—(1) Every owner agent or manager of a mine shall allow any inspector to have free access at all reasonable times to all underground or other workings and shall produce the journal of the borings and supply to any inspector such information and such specimens of seams or strata sunk through or opened out at the mine as may be reasonably required of him.

Laying of half-yearly reports before the Oireachtas.

77.—As soon as may be after every 30th day of June and every 31st day of December, the Minister shall cause to be laid before each House of the Oireachtas a half-yearly report showing, in respect of the period of six months ending on such 30th day of June or such 31st day of December, all of the following matters, that is to say:— (a) particulars of all State mining leases, State mining permissions, prospecting licences, State acquired minerals licences, and unworked minerals licences made or granted by him under this Act and for the time being current; (b) the total amount of all moneys collected by the Minister, either by way of fine or lump sum payment or by way of rent, under or by virtue of any such lease, permission, or licence; (c) particulars of all minerals acquisition orders made under this Act and for the time being in force and particulars of all State acquired minerals acquired thereby; (d) any other matter relating to minerals or to the development and working of minerals which the Minister thinks proper to include in such report.

Disposal of moneys received as consideration.

78.—All moneys received by the Minister (whether in the nature of a fine or lump sum, or in the nature of rent or other periodical payment) as consideration for any lease, licence, or permission granted by him under this Act, shall, as and when received, be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

Collection and disposal of fees.

79.—(1) All fees payable under this Act, whether to the Minister or the Board, shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

Regulations.

80.—(1) The Minister may make regulations in respect of any matter or thing referred to in this Act as prescribed or to be prescribed, but no such regulation shall be made in relation to the amount or collection of any fees without the consent of the Minister for Finance.

Expenses.

81.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Amendment of the Foreshore Act, 1933.

82.—The Foreshore Act, 1933 (No. 12 of 1933) shall be construed and have effect as if the word “minerals”, where it occurs in sub-section (7) of section 2 and sub-section (1) of section 3 of that Act, included all minerals within the meaning of this Act other than scheduled minerals, mineral compounds, and mineral substances.

Repeal of the Act of 1931.

83.—The Mines and Minerals Act, 1931 (No. 54 of 1931), is hereby repealed.

SCHEDULE.

List of Minerals.

Alum Shales.

Fireclay.

Nickel, Ores of.

Anhydrite.

Flint and Chert.

Oil Shale.

Antimony, Ores of.

Fluorspar.

Platinum, Ores of.

Apatite.

Ganister.

Potash Mineral Salts.

Arsenic, Ores of.

Gem minerals.

Quartz Rock.

Asbestos minerals.

Gold, Ores of.

Radioactive Minerals.

Ball Clay.

Graphite.

Refractory Clays.

Barytes.

Gypsum.

Rock Phosphates.

Bauxite.

Iron, Ores of.

Rock Salt.

Beryl.

Kaolin.

Roofing Slate.

Bismuth, Ores of.

Laterite.

Serpentinous Marble.

Bitumens.

Lead, Ores of.

Silica Sand.

Calcite.

Lignite.

Silver, Ores of.

Chalk.

Lithomarge.

Strontium, Ores of.

China Clay.

Magnesium, Ores of.

Sulphur, Ores of.

Chromite.

Magnesite.

Talc and Steatite or Coal.

Manganese, Ores of.

Soapstone.

Cobalt, Ores of.

Marble.

Tin, Ores of.

Copper, Ores of.

Mercury, Ores of.

Titanium, Ores of Corundum.

Mica.

Tripoli.

Cryolite.

Mineral Oils.

Tungsten, Ores of.

Diatomaceous Earth.

Mineral Pigments.

Witherite.

Dolomite and Dolomitic Limestone.

Molybdenite.

Monazite.

Zinc, Ores of.

Felspar.

Natural Gas.

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