Minerals Development Act, 1940

Minerals Development Act, 1940 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1940 Minerals Development Act, 1940 Minerals Development Act, 1940 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 31 of 1940. MINERALS DEVELOPMENT ACT, 1940. ARRANGEMENT OF SECTIONS PART I Preliminary Section 1. Short title. 2. Definitions. 3. “Minerals”. 4. State mining rights under the Land Purchase Acts. 5. “State minerals”. 6. “Ancillary rights”. PART II Right of Entering and Prospecting Unworked Minerals and Grant of Prospecting Licences 7. Entering and prospecting for minerals. 8. Prospecting licences. 9. Applications for prospecting licences. 10. Compensation for damage under Part II. 11. Restriction on working minerals by licensees. 12. Revocation and termination of prospecting licences. 13. Undertaking by Minister to grant leases. PART III Compulsory Acquisition of Unworked Minerals and of Mining Facilities 14. Minerals acquisition orders. 15. Publications and services in respect of minerals acquisition orders. 16. Compensation for State acquired minerals. 17. Claims for compensation for State acquired minerals. 18. Surrender by the Minister of an exclusive mining right. 19. Compulsory acquisition of land and ancillary rights. 20. Notices in respect of mining facilities acquisition orders. 21. Compensation for mining facilities. 22. Licences in respect of State acquired minerals. 23. Applications for licences in respect of State acquired minerals. 24. Form and contents of licences in respect of State acquired minerals. 25. Compensation for damage under Part III. PART IV State Minerals 26. State mining leases. 27. Furnishing of information by lessees of State mining leases. 28. Grant of State mining permissions. 29. Saving in respect of State lands. 30. Right of Minister to work and dispose of State minerals. 31. Right of entry and user of land containing State minerals. 32. Fencing of abandoned State minerals. PART V The Mining Board 33. Establishment of the Mining Board. 34. Regulations for proceedings before Board. 35. Powers of Board. 36. Entry on land by the Board or officers thereof. 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 38. Applications for unworked minerals licences. 39. Restrictions on the grant of unworked minerals licences. 40. Applications for ancillary rights licences. 41. Restrictions on the grant of ancillary rights licences. 42. Applications for preservation of support orders. 43. Restrictions on the grant of preservation of support orders. 44. Preliminary consideration of applications and references to Board. 45. Fees on applications. 46. Inquiry and report by Board in relation to applications. 47. Grant of applications by Minister. 48. Form and operation of unworked minerals licences. 49. Form and operation of ancillary rights licences. 50. Form and operation of preservation of support orders. 51. Restricted effect of grant of licences and orders. 52. Grant of licences and orders to persons in a fiduciary capacity. 53. Compensation under Part VI. 54. Expenses of the Board in relation to inquiries. 55. Costs of the parties at inquiries. 56. Furnishing of information to Minister by licensees. PART VII Compensation 57. Definitions for purposes of Part VII. 58. Determination of the amount of compensation. 59. Applications for compensation in respect of land. 60. Agreed compensation in respect of land subject to land purchase annuity. 61. Applications for compensation for State acquired minerals. 62. Applications for compensation under Part VI. 63. Fees on applications for compensation. 64. Right of audience on hearings before the Board. 65. Awards of compensation. 66. Awards of compensation in respect of land subject to land purchase annuity. 67. Basis for assessment of compensation in respect of minerals and ancillary rights. 68. Form of compensation for State acquired minerals and for unworked minerals licences. 69. Compensation in the case of unascertained persons. 70. Finality of Board's decisions on questions of fact. 71. Cases stated on questions of law. 72. Deductions from compensation of debts due to the State. 73. Awards of costs. PART VIII Miscellaneous and General 74. Prohibition on working minerals without lawful authority. 75. Minister to be given notice of shafts and boreholes. 76. Powers of Inspectors. 77. Laying of half-yearly reports before the Oireachtas. 78. Disposal of moneys received as consideration. 79. Collection and disposal of fees. 80. Regulations. 81. Expenses. 82. Amendment of the Foreshore Act, 1933. 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. (2) In this section, the expression “State mining right to which this section applies” means any such exclusive right of mining and taking minerals, and digging and searching for minerals as is mentioned in sub-section (3) of section 13 of the Irish Land Act, 1903 , or in sub-section (5) of section 45 of the Land Act, 1923 (No. 42 of 1923), which is, at the passing of this Act, or becomes, after such passing, vested in the State, either by virtue of the said sub-section (3), as amended by section 2 of the Act of 1931 and adapted in consequence of the enactment of the Constitution, or by virtue of the said sub-section (5) as so adapted. (3) Notwithstanding the repeal by this Act of the Act of 1931, the following enactments, that is to say:— (a) the second proviso to sub-section (3) of section 13 of the Irish Land Act, 1903 , (b) sub-section (4) of the said section 13 (so far only as relates to State mining rights to which this section applies), (c) section 1 of the Irish Land Act, 1907 , and (d) section 37 of the Irish Land Act, 1909 , shall continue to apply to any letting, lease, sale or demise of any State mining right to which this section applies made by the Land Commission before the passing of the Act of 1931. “State minerals”. 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. (2) The Minister shall not exercise, in respect of any land, either the right conferred on him by paragraph (a) of the foregoing sub-section of this section or the power conferred on him by paragraph (b) of that sub-section before the expiration of one month after he has served on the occupier of such land notice of his intention to exercise such right or such power, as the case may be. (3) The notice mentioned in the next preceding sub-section of this section may be served by registered post and, when so served, may be addressed to the occupier by name at either his last-known place of abode or at the land to which the notice relates. (4) The Minister shall not enter on any land under paragraph (a) of the first sub-section of this section, or do on such land any of the things authorised by that paragraph without the consent of the Minister for Finance. (5) The right conferred on the Minister by paragraph (a) of the first sub-section of this section is in this Act referred to as the right of entering and prospecting. 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. (2) On the granting of a prospecting licence, the licensee shall pay to the Minister such consideration therefor as the Minister, with the concurrence of the Minister for Finance, may determine. (3) Every prospecting licence shall be expressed and shall operate to authorise the licensee, during the currency of such period as is specified in such licence and subject to the provisions of this Part of this Act, to enter on such land as may be similarly specified and there do all such things as the licensee considers necessary or desirable for the purpose of ascertaining the character, extent, or value of the minerals lying on or under such land, and in particular, and without prejudice to the generality of the foregoing power, for the purposes aforesaid to make borings, sink pits, remove water from old workings, and take and remove reasonable quantities of any such minerals for the purpose of analysis, test, trial or experiment. (4) Every prospecting licence shall contain an indemnity clause whereby the licensee under such licence indemnifies the Minister against any claim or demand whatsoever in respect of the land or the minerals the subject of such licence or in any way arising out of the exercise by the licensee of any of the rights conferred on him by such licence. (5) Every prospecting licence shall contain a clause requiring the licensee thereunder to exercise the rights conferred on him by such licence in such manner as not to interfere unnecessarily with the amenities of the locality in which are situate the land and minerals the subject of 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. (2) Different regulations may be made under this section in respect of particular classes of prospecting licences. (3) Every application for a prospecting licence shall be made in accordance with such of the regulations made under this section as are applicable to such application. 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. (2) The amount of compensation for damage under Part II shall, in default of agreement, be determined in accordance with the provisions of 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. (2) Nothing in this section shall prevent the licensee under a prospecting licence taking and removing reasonable quantities of the minerals to which such licence relates for analysis, test, trial, or experiment. (3) If any licensee under a prospecting licence works, sells, or otherwise disposes of any minerals in contravention of this section he 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 and, in the case of a continuing offence, to a further fine not exceeding fifty pounds for every day during which the offence is continued. Revocation and termination of prospecting licences. 12.—(1) The Minister may at any time, in his absolute discretion, revoke a prospecting licence. (2) A prospecting licence shall terminate, if the licensee thereunder is an individual, on his death or bankruptcy or, if such licensee is a body corporate, on its dissolution. (3) On the revocation or termination of a prospecting licence under this section— (a) all rights and powers exerciseable by the licensee thereunder shall cease and determine, but without prejudice to any obligation or liability imposed on such licensee by this Act or by such licence; (b) such licensee shall not be entitled to be repaid any part of the consideration paid by him for the grant of such 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. (2) Every such undertaking as is mentioned in the foregoing sub-section of this section shall be in such form as the Minister, with the consent of the Minister for Finance, thinks fit, and may specify the terms and conditions (if any) upon which the State mining lease which is the subject of such undertaking shall be granted. (3) Whenever the Minister enters into an undertaking to grant a State mining lease under this section, it shall be lawful for the Minister to carry out such undertaking in accordance with the terms thereof. 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. (2) The following provisions shall apply and have effect in relation to every minerals acquisition order, that is to say:— (a) such order shall specify the nature, situation, and extent of the minerals to which it relates; (b) such order may be in respect of all the minerals on or under any particular land or in respect of any particular such mineral or any particular class of such minerals; (c) if minerals are intended to be acquired by such order, such order shall be expressed and shall operate to vest such minerals in the Minister in fee simple; (d) if an exclusive mining right only is intended to be acquired by such order, such order shall be expressed and shall operate to vest such exclusive mining right in the Minister for such term as shall be specified in that behalf in such order; (e) such order shall not be expressed or operate to vest in the Minister the surface of any land or any ancillary rights, but, subject to that limitation, such order may contain all or any such supplemental or ancillary provisions as the Minister, with the consent of the Minister for Finance, shall think proper. (3) All minerals acquired by a minerals acquisition order and every exclusive mining right similarly acquired shall for the purposes of this Act be deemed to be State acquired minerals, and the expression “State acquired minerals” shall, in this Act, be construed accordingly. 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. (2) The notice of the making of a minerals acquisition order required or authorised by the foregoing sub-section of this section to be published by the Minister shall state whether minerals or an exclusive mining right are or is acquired by such order and shall, in either case, indicate with reasonable particularity the situation, nature, and extent of the minerals to which such order relates, and may contain such (if any) other information in respect of such order and the contents thereof as the Minister shall consider expedient. (3) Every map deposited in the office of the Geological Survey, Dublin, in pursuance of the first sub-section of this section shall be available at all reasonable times for inspection in that office by any person desiring to inspect the same. 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. (2) Compensation for State acquired minerals shall, in default of agreement, be determined in accordance with the provisions of 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. (2) No claim to compensation for State acquired minerals which is lodged after the period limited by the next preceding sub-section of this section shall be considered by the Minister. (3) The following provisions shall apply and have effect in relation to every claim for compensation for State acquired minerals, that is to say:— (a) such claim shall be in the prescribed form and shall be made and verified in the prescribed manner; (b) such claim shall state— (i) the nature of the applicant's interest in such State acquired minerals, (ii) the situation, nature, and extent of the minerals in respect of which such interest exists, (iii) all claims or encumbrances to which such interest is subject, and (iv) such other particulars as may be prescribed; (c) the person making such claim shall, if required so to do by the Minister, furnish to the Minister such information as he may require for the consideration of such claim. (4) If any person, who is required under paragraph (c) of the immediately preceding sub-section of this section to furnish any information to the Minister, either wilfully or recklessly makes for the purposes of the claim to which such information relates, any statement which is false or misleading in a material respect, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds. 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. (2) The following provisions shall apply and have effect in relation to every mining facilities acquisition order, that is to say:— (a) where such order provides for the acquisition of land, it shall specify the area and situation of such land and the nature and duration of the interest in such land which is vested in the Minister by such order; (b) where such order provides for the acquisition of an ancillary right, it shall specify the character of such right, the situation of any property affected by the exercise of such right, and the nature and duration of the interest in such right which is vested in the Minister by such order; (c) such order may contain all such supplementary or ancillary provisions as the Minister, with the consent of the Minister for Finance, shall think proper; (d) such order may contain a provision requiring that, in carrying such order into effect, all persons charged with the execution thereof shall have due regard to the amenities of the locality in which are situate the land or ancillary right acquired by such order; (e) such order shall be expressed and shall operate to vest in the Minister the land or the ancillary right thereby acquired for such period and in such manner as shall be specified in such order. 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. (2) Every notice required by the foregoing sub-section of this section to be served or published shall— (a) if such notice relates to the acquisition of land, state the situation and area of such land with sufficient particularity to enable such land to be easily identified and also state the nature and duration of the interest proposed to be acquired in such land, or (b) if such notice relates to the acquisition of an ancillary right, state the nature of such right, the land or other property in respect of which such right is proposed to be acquired, and the period for which such right is proposed to be acquired. (4) A notice required by this section to be served on any person may be served by registered post and, if so served, may be addressed to such person at his last-known place of abode. 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. (2) Compensation for mining facilities shall, in default of agreement, be determined in accordance with the provisions of Part VII of this Act. (3) All claims for compensation for mining facilities in respect of any land or ancillary right acquired by the Minister under a mining facilities acquisition order may be made at any time within two months, or such longer period (not exceeding altogether four months) as the Minister may in any particular case allow after the date of such order, and no such claim shall be entertained unless made within that period. 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. (2) Whenever there is vested in the Minister by virtue of a minerals acquisition order an exclusive mining right, the Minister may grant to any person a licence (in this Act also referred to as a State acquired minerals licence) to exercise such exclusive mining right and by virtue of such right to work the minerals to which such right applied. (3) Whenever the Minister has granted a State acquired minerals licence (in this sub-section referred to as the principal licence), the following provisions shall have effect, that is to say:— (a) if, at the time when the principal licence is granted or at any time thereafter while the principal licence is in force, there is vested in the Minister by virtue of a mining facilities acquisition order any land for the purpose of working the minerals or exercising the exclusive mining right (as the case may be) to which the principal licence relates, the Minister may grant to the licensee under the principal licence a subsidiary licence (in this Act referred to as a mining facilities licence) to use, for the purpose aforesaid and in accordance with the said order, the land or any specified part of the land so vested in the Minister; (b) if, at the time when the principal licence is granted or at any time thereafter while the principal licence is in force, there is vested in the Minister by virtue of a mining facilities acquisition order any ancillary right or rights for the purpose of working the minerals or exercising the exclusive mining right (as the case may be) to which the principal licence relates, the Minister may grant to the licensee under the principal licence a subsidiary licence (in this Act also referred to as a mining facilities licence) to exercise, for the purpose aforesaid and in accordance with the said order, the ancillary right or all or any particular one or more of the ancillary rights so vested in the Minister; (c) whenever the Minister grants a State acquired minerals licence and one or more mining facilities licences to the same person in respect of the same minerals or the same exclusive mining right, such mining facilities licence or licences may, if the circumstances permit, be included in the said State acquired minerals licence; (d) whenever the Minister grants two mining facilities licences to the same person in respect of the same minerals or the same exclusive mining right and such licences are not included in a State acquired minerals licence, such two mining facilities licences may, if the circumstances permit, be included in a single such licence. 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. (2) Different regulations may be made under this section in respect of particular classes of licences. (3) Every application for a State acquired minerals licence or a mining facilities licence shall be made in accordance with such of the regulations made under this section as are applicable to such application. 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. (2) Every State acquired minerals licence shall be expressed and shall operate to confer on the licensee for such period as may be specified in the licence, a right to do whichever of the following things is specified in the licence, that is to say:— (a) to work the minerals specified in the licence; (b) to exercise the exclusive mining right specified in the licence and by virtue of that right to work the minerals similarly specified. (3) Where a mining facilities licence (in this sub-section referred to as the subsidiary licence) is granted as a subsidiary licence to the licensee under a State acquired minerals licence (in this sub-section referred to as the principal licence), the subsidiary licence shall be expressed and shall operate to confer on such licensee, for such period as is specified in the subsidiary licence, a right to do whichever of the following things is specified in the subsidiary licence, that is to say:— (a) to use, for the purpose of working the minerals or exercising the exclusive mining right (as the case may be) to which the principal licence relates and in accordance with the relevant mining facilities acquisition order, such land as is specified in the subsidiary licence; (b) to exercise, for the purpose aforesaid and in accordance with the said order, such ancillary right or all or any particular such ancillary rights as is or are specified in the subsidiary licence. 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. (2) The amount of compensation for damage under Part III shall, in default of agreement, be determined in accordance with the provisions of 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. (2) The following provisions shall apply and have effect in relation to every State mining lease, that is to say:— (a) unless the Minister, with the concurrence of the Minister for Finance, is of opinion that such lease should in the public interest be made free of payment, such lease shall be made subject to the payment to the Minister of such moneys, whether by way of fine or preliminary payment or by way of rent (including a royalty rent) or by any or all of such ways, as the Minister, with the concurrence of the Minister for Finance, shall think proper and shall agree upon with the lessee; (b) such lease shall contain such (if any) covenants, conditions and subsidiary agreements on the part of the Minister or of the lessee as the Minister shall consider proper or desirable in the public interest and shall agree upon with the lessee; (c) such lease may contain a clause providing for the renewal or successive renewals thereof, either unconditionally or subject to such conditions as shall be stated in such lease; (d) the Minister for Finance shall be a party to such lease. (3) In exercising the respective powers conferred on them by this section, and in particular, in determining what (if any) payment should be made to the Minister by the lessee under a State mining lease and what (if any) covenants or conditions should be contained in such lease the Minister and the Minister for Finance may take into consideration the general advantages that are likely to accrue to the State from the development of the State minerals demised by such lease and also the extent to which it is desirable, in the public interest, that any of the minerals raised under such lease should be conserved for use within the State as raw materials for industries that are or may be established within the State. 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. (2) The Minister may make regulations in relation to the furnishing by lessees of State mining leases of information in regard to the minerals or the working of the minerals demised by such leases, and such regulations may require the furnishing of such information in addition and without prejudice to the information required to be furnished under the next preceding sub-section of this section. (3) If any person who is required by this section or by any regulation made thereunder to furnish any information to the Minister,— (a) fails or refuses to furnish such information, or (b) knowingly furnishes any such information which is false or misleading in a material particular, or (c) otherwise makes default in complying with the provisions of this section or of any regulation made thereunder, he shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and, in the case of a continuing offence, a further fine not exceeding ten pounds for every day during which such offence is continued. 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. (2) Every State mining permission granted under this section shall be in writing and shall operate and be expressed to confer on the person to whom it is granted a right to work such of the substances to which this section applies as are therein specified and to do anything incidental to the working of such substances, but subject to such restrictions as to quantity of minerals to be worked and as to duration of working and to such other terms and conditions as may be similarly specified. (3) A State mining permission may either (as the Minister, after consultation with the Minister for Finance, shall think fit) be made free of charge or be made subject to the payment by the person to whom it is granted of such moneys, whether by way of fine, or other preliminary payment or by way of rent (whether dead rent or royalty rent) or all or any of those ways as the Minister, after such consultation as aforesaid, shall think proper. (4) A State mining permission shall not operate to confer on the grantee thereof an exclusive mining right in respect of the minerals to which such permission relates. (5) This section applies to all scheduled minerals and to all mineral compounds and mineral substances, and, in this section, the expression “substance to which this section applies” shall be construed accordingly. 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. (2) Whenever the Minister sells or disposes of minerals under this section, the proceeds of such sale or disposal shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct. 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. (2) Where State minerals are comprised in any State mining lease or State mining permission, the lessee of such lease or the holder of such permission (as the case may be) may, during the currency of such lease or permission, enter on the land on or under which such minerals lie and use such land in such manner as may be reasonably necessary for the working of such minerals or for any purpose incidental thereto. (3) Whenever damage to the surface of any land is caused, directly or indirectly, either— (a) by working or doing anything incidental to the working of State minerals, or (b) by exercising a right of entry and user of land conferred by this section, the person causing such damage, whether he is the Minister, the lessee of a State mining lease, or the holder of a State mining permission, shall be liable to pay compensation (in this Act referred to as compensation for damage under Part IV) for such damage. (4) The amount of compensation for damage under Part IV shall, in default of agreement, be determined in accordance with the provisions of 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. (2) The Minister may authorise any person in writing to exercise for and on behalf of the Minister the powers conferred by the foregoing sub-section of this section on the Minister, and, whenever the Minister so authorises any person, such person (in this section referred to as an agent of the Minister) may in the name and for and on behalf of the Minister exercise such powers. (3) If any person obstructs or interferes with an agent of the Minister in exercise of the powers conferred on such agent by virtue of the foregoing provisions of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds. (4) No compensation shall be payable in respect or in consequence of the exercise of the powers conferred by or under this section on the Minister or an agent of the Minister. (5) Nothing in this section contained shall exempt any person from any liability under any other Act or otherwise. 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. (2) The chairman of the Board shall be a practising barrister of at least ten years standing or a practising solicitor of like standing and one of the ordinary members shall be a person who is a member of the panel of official arbitrators appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925), and the other ordinary member shall be an officer of the Minister. (3) Every member of the Board shall be appointed by the Minister for such period as he thinks fit and may be removed from office by the Minister and may resign his office at any time. (4) There may be paid out of moneys provided by the Oireachtas to any member of the Board such fees or other remuneration and such expenses as the Minister for Finance may determine. (5) If any member of the Board is for any reason temporarily unable to attend the sittings of the Board the Minister may appoint another person to act temporarily during such inability of such member as a member of the Board, but no person shall be appointed to act as a member of the Board under this sub-section unless he possesses the qualifications required by sub-section (2) of this section to be possessed by the member of the Board in the place of whom such person is so temporarily appointed. 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. (2) If any person— (a) on being duly summoned as a witness before the Board makes default in attending, or (b) being in attendance as a witness refuses to take an oath legally required by the Board to be taken, or to produce any document in his power or control legally required by the Board to be produced by him, or to answer any question to which the Board may legally require an answer, or (c) does any thing which would, if the Board were a Court of Justice having power to commit for contempt of Court, be contempt of such Court, the Board may certify the offence of that person under their hands to the High Court and that Court may, after such inquiry as it thinks proper to make, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the said Court. (3) A witness before the Board shall be entitled to the same immunities and privileges as if he were a witness before the High Court. 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. (2) If any person obstructs or impedes any member of the Board or any person authorised by the Board in the exercise of the powers conferred on such member or person by this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds. 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. (2) The secretary and other officers and the servants of the Board shall hold office upon such terms and be remunerated at such rates and in such manner as the Minister for Finance shall sanction. 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. (2) Every application under this section for an unworked minerals licence shall be made in the prescribed form and manner and shall be verified in the prescribed manner and shall contain the particulars required by the said prescribed form, including a statement of the facts relied on by the applicant in support of his application. (3) Within the prescribed time after making an application under this section, the applicant shall serve in the prescribed manner a copy of the said application on every of the prescribed persons. (4) Any person on whom a copy of an application under this section is served in pursuance of the next preceding sub-section of this section may, if he so thinks fit, make to the Minister at any time within such period, not being less than three weeks after the service of such copy on him, as may be prescribed, representations in respect of the said application. 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. (2) An unworked minerals licence shall not be granted in respect of State minerals unless they are comprised in a State mining lease, and, where such licence is granted in respect of State minerals so comprised, the duration of such licence shall not exceed the unexpired residue of the term granted by such lease. 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. (2) Every application under this section for an ancillary rights licence shall be made in the prescribed form and manner and shall be verified in the prescribed manner and shall contain the particulars required by the said prescribed form, including a statement of the facts relied on by the applicant in support of his application. (3) Within the prescribed time after making an application under this section, the applicant shall serve in the prescribed manner a copy of the said application on every of the prescribed persons. (4) Any person on whom a copy of an application under this section is served in pursuance of the next preceding sub-section of this section may, if he so thinks fit, make to the Minister at any time within such period, not being less than three weeks after the service of such copy on him, as may be prescribed, representations in respect of the said application. 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. (2) An ancillary rights licence shall not be granted in relation to the-working of State minerals unless they are comprised in a State mining lease, and, where such licence is granted in relation to the working of State minerals so comprised, the duration of such licence shall not exceed the unexpired residue of the term granted by such lease. 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. (2) …