Minerals Development Act, 1999

In short

This law, the Minerals Development Act, 1999, amends and extends previous Minerals Development Acts from 1940 to 1995. It primarily clarifies the ownership of certain minerals and rights to compensation, and outlines how offenses related to minerals development are prosecuted.

What it regulates

The ownership status of minerals and mining rights that were previously vested in the Irish Land Commission.
The transfer of rights to compensation related to minerals when an estate or interest in those minerals is conveyed.
The prosecution of summary offenses under specific sections of the Minerals Development Act, 1940, and the Minerals Development Act, 1979.

Who it concerns

Individuals or entities involved in the conveyance (transfer) of estates or interests in minerals.
The Minister for the Marine and Natural Resources, who can prosecute certain offenses.
The Mining Board, which can prosecute certain offenses.

Key points

Any minerals or exclusive mining rights that vested in the Irish Land Commission are considered to be, and always have been, the property of the State.
When an estate or interest in minerals is conveyed, the right to compensation under Part III of the Minerals Development Act, 1979, transfers to the new owner (the transferee).
If a claim for compensation is ongoing at the time of transfer, the new owner can continue or complete the claim, and any compensation will be paid to them.
Summary proceedings for certain offenses can be brought by the Minister for the Marine and Natural Resources or the Mining Board.
Summary proceedings for certain offenses may be instituted within one year from the date of the offense.

Legal text

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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1999 Minerals Development Act, 1999 Minerals Development Act, 1999 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 Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 21 of 1999 MINERALS DEVELOPMENT ACT, 1999 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Minerals vested in Land Commission. 3. Transfer of right to compensation. 4. Prosecution of offences. 5. Expenses. 6. Short title and collective citation. Acts Referred to Congested Districts Board (Ireland) Acts Land Law (Commission) Act, 1923 1923, No. 27 Land Law Acts Land Purchase Acts Minerals Development Act, 1940 1940, No. 31 Minerals Development Act, 1979 1979, No. 12 Minerals Development Acts, 1940 to 1995 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Number 21 of 1999 MINERALS DEVELOPMENT ACT, 1999 AN ACT TO AMEND AND EXTEND THE MINERALS DEVELOPMENT ACTS, 1940 TO 1995. [7th July, 1999] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Interpretation. 1.—

(1)In this Act— “the Act of 1979” means the Minerals Development Act, 1979 ; “the Congested Districts Board (Ireland) Acts” has the same meaning as in the Land Law (Commission) Act, 1923 ; “conveyance” includes a mortgage, lease assent, transfer and a release; “the Land Law Acts” means the Land Law Acts as defined by the Land Law (Commission) Act, 1923 , together with any subsequent Act which provides that it is to be construed as one with the Land Law Acts; “the Land Purchase Acts” means the Land Purchase Acts as defined by the Land Law (Commission) Act, 1923 , together with any subsequent Act which provides that it is to be construed as one with the Land Purchase Acts; “the Minister” means the Minister for the Marine and Natural Resources; “the Principal Act” means the Minerals Development Act, 1940 .

(2)A reference in this Act to any other enactment shall be construed as a reference to that enactment as amended or adapted by or under any other enactment. Minerals vested in Land Commission. 2.—Any minerals or exclusive mining rights which vested in the Irish Land Commission under or by virtue of the Land Purchase Acts, the Land Law Acts, the Congested Districts Board (Ireland) Acts or by any other means shall, for the purposes of paragraph (a) of section 5 of the Minerals Development Act, 1940 , be deemed to be and to always have been the property of the State and vested in the State. Transfer of right to compensation. 3.—

(1)A conveyance of any estate or interest in minerals made on or after the passing of this Act shall operate to vest in the person to whom the estate or interest is conveyed (“the transferee”) any right to compensation referred to in Part III of the Act of 1979 that is vested in the person making the conveyance (“the transferor”) and which relates to that estate or interest.

(2)Where on the date that a right referred to in subsection

(1)is vested in the transferee, any step or proceeding by the transferor under the Act of 1979 for the purpose of claiming the compensation concerned remains to be completed, that step or proceeding may be carried on or completed on or after that date by the transferee, and, accordingly— (

a)any compensation payable on foot of that claim shall be paid to the transferee, and (
b)in any proceedings pending in any court in respect of that claim the name of the transferee shall be substituted for that of the transferor and the proceedings shall not abate by reason of such substitution. Prosecution of offences. 4.—

(1)Summary proceedings in relation to an offence under section 11

(3), 27

(3), 32

(3), 75

(5), 76

(2)or, in so far as it relates to State minerals, section 74

(1)of the Principal Act may be brought and prosecuted by the Minister.

(2)Notwithstanding section 10

(4)of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence to which subsection

(1)of this section applies may be instituted within one year from the date of the offence.

(3)Summary proceedings in relation to an offence under section 36

(2)of the Principal Act or section 5 of the Act of 1979 may be brought and prosecuted by the Mining Board. Expenses. 5.—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. Short title and collective citation. 6.—

(1)This Act may be cited as the Minerals Development Act, 1999.

(2)The Minerals Development Acts, 1940 to 1995, and this Act may be cited together as the Minerals Development Acts, 1940 to 1999, and shall be construed together as one. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.