Minerals Development Act 2017

Minerals Development Act 2017 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 2017 Minerals Development Act 2017 Minerals Development Act 2017 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 23 of 2017 MINERALS DEVELOPMENT ACT 2017 CONTENTS PART 1 Preliminary and General Section 1. Short title, commencement and collective citation 2. Interpretation 3. Previous acquisition by, or vesting in, the State of minerals 4. State minerals vested in Minister 5. Working minerals 6. Application of Act 7. Existing development consents PART 2 Prospecting Chapter 1 Minister’s Rights and Duty in Relation to Prospecting 8. Minister’s rights and duty 9. Public notice 10. Limited right to extract and remove minerals for analysis, etc. 11. Compensation in respect of minerals sold under section 10 Chapter 2 Statements of Interest 12. Registration 13. Period for which statement of interest remains registered 14. Notification to interested party 15. Expiration of registration after notification Chapter 3 Prospecting Licences and Retention Licences 16. Rights and duties under prospecting licence and retention licence 17. Granting prospecting licence 18. Notice to existing licensees under prospecting and retention licences 19. Competition for certain licences 20. Competing applications 21. Renewing prospecting licence 22. Retention licence 23. Renewing retention licence 24. Refusal to grant prospecting licence or retention licence before public notice 25. Public notice before granting or renewing prospecting licence or retention licence 26. Refusal to grant prospecting licence or retention licence after public notice 27. Fit and proper person 28. Licence fee for prospecting licence or retention licence 29. Reducing or adding to land specified in application 30. Term of licences 31. Regulations in respect of grant of licence 32. Regulations relating to conditions of prospecting licences and retention licences 33. Boreholes and shafts 34. Trenching, excavations and bulk sampling 35. Limited right under prospecting licence to extract and remove minerals 36. Compensation in respect of minerals worked under section 35 37. Reports by licensees 38. Confidentiality of reports 39. Indemnifying the Minister and State 40. Environmental practices 41. Assignment of licensees’ rights and duties under prospecting licence or retention licence 42. Joint ventures 43. Suspension and revocation of licences 44. Termination of licences 45. Surrender of licences 46. Effect of suspension 47. Effect of revocation, expiration, termination and surrender Chapter 4 Public Interest and Prospecting for Minerals 48. Public interest and prospecting for minerals Chapter 5 Liability 49. Joint and several liability 50. Damage caused by previous prospecting activities 51. Liability for damage or nuisance caused by prospecting Chapter 6 Airborne Surveys 52. Duty to notify Minister and provide data 53. Confidentiality of airborne survey data PART 3 Working Minerals Chapter 1 Right to Work Private Minerals 54. Exclusive right of working minerals vested in Minister Chapter 2 Mining Licences 55. Mining licence 56. Scope of mining licences 57. Rights and duties under mining licence 58. Process 59. Lodgement of application for mining licence 60. Lodgement of application in respect of additional minerals or adjacent land 61. Lodgement of application for renewal of mining licence 62. Validity of application 63. Notification of acceptance 64. Application fee for mining licence 65. Granting mining licence 66. Additional minerals or adjacent land and renewals 67. Consultation with other Ministers 68. Refusal to grant, renew or extend mining licence before public notice 69. Public notice before granting, renewing or extending mining licence 70. Oral hearing and mining licence 71. Decision of Minister if no oral hearing 72. Refusal to grant mining licence after public notice 73. Licence for portion of area of land 74. Fit and proper person 75. Requirements for companies 76. Mining licence fees 77. Royalties 78. Special payment arrangements for State minerals 79. Mining licences and regulations imposing conditions 80. Minister taking participating interest 81. Furnishing information 82. Offences relating to requirement to furnish information 83. Relinquishing of State’s exclusive right to work minerals Chapter 3 Public Interest 84. Public Interest in respect of mining licence Chapter 4 Compensation for Working Minerals 85. Definitions ‒ Chapter 4 86. Right to compensation 87. Vesting of right to compensation on transfer 88. Public notice of working minerals 89. Claim for compensation in respect of private minerals 90. Extinguishment of right to compensation in respect of private minerals 91. Determination of persons entitled to compensation in respect of private minerals 92. Initial compensation for private minerals worked under mining licence 93. Calculation of compensation for private minerals payable over term of mining licence 94. Referral of calculation of compensation to Mining Board 95. Timing of payment of compensation 96. Notice of renewals of mining licences Chapter 5 Liability under mining licence 97. Joint and several liability of licensees 98. Liability for damage or nuisance under mining licence Chapter 6 Safety at Closed and Abandoned Mines 99. Application of Chapter 100. Fencing and other works to prevent accidents 101. Relationship to other liabilities and powers PART 4 Ancillary Rights Chapter 1 Definitions 102. Ancillary rights Chapter 2 Ancillary Underground Rights 103. Exercise of ancillary underground rights 104. Entitlement to compensation in relation to exercise of ancillary underground rights 105. Public notice of exercise of ancillary underground rights 106. Extinguishment of right to compensation for ancillary underground rights 107. Determination of compensation for exercise of ancillary underground rights 108. Payment of compensation for exercise of ancillary underground rights 109. Licensee liable to Minister for compensation Chapter 3 Ancillary Surface Rights and Operational Purposes 110. Interpretation - Chapter 3 111. Licensee’s duty to negotiate 112. Mining facilities acquisition order 113. Granting ancillary surface rights licence based on order 114. Licensee liable to Minister for compensation payable for acquisition of estate or interest 115. Debt 116. Public notice of intention to make mining facilities acquisition order 117. Oral hearing in relation to grant of mining facilities acquisition order 118. Decision of Minister if no oral hearing for mining facilities acquisition order 119. Mining facilities acquisition order and registration of fee simple 120. Mining facilities acquisition order and ancillary surface rights 121. Mining facilities acquisition order and extinguishment of an ancillary surface right 122. Right to compensation in relation to mining facilities acquisition order 123. Public notice of making mining facilities acquisition order 124. Extinguishment of right to compensation under section 122 125. Determination of entitlement to and amount of compensation 126. Costs and compensation awarded under section 125 127. Regulations applying Lands Clauses Consolidation Act 1845 and compulsory acquisition of certain facilities 128. Requirements for grant of ancillary surface rights licence in respect of State land 129. Ancillary surface rights and conditions 130. Compensation upon grant of ancillary surface rights licence over State land PART 5 Rehabilitation 131. Definitions (Part 5) 132. Designation of rehabilitation areas 133. Right of entry before designation of rehabilitation area 134. Rehabilitation authority 135. Authorisation of persons to exercise functions of rehabilitation authority 136. Rehabilitation plan 137. Public participation in preparation and revision of rehabilitation plan 138. Outcome of public participation on rehabilitation plan 139. Right of entry after designating area 140. Evidence of authority 141. Liability for damage or nuisance by rehabilitation authority 142. Funding of rehabilitation plan 143. Recovery of expenditures under this Part 144. Existing obligations not affected 145. Acquisition of lands by agreement or rehabilitation acquisition order 146. Public notice before making rehabilitation acquisition order 147. Oral hearing before making rehabilitation acquisition order 148. Decision of Minister if no oral hearing 149. Rehabilitation acquisition order 150. Registration of Minister as owner 151. Rehabilitation acquisition order and compensation 152. Regulations applying Lands Clauses Consolidation Act 1845 and compulsory acquisition under section 149 153. Powers of local authority not affected PART 6 Mining Board Chapter 1 Continuation of Mining Board and Administrative Matters 154. Continuation of Mining Board 155. Membership and qualifications 156. Disqualification 157. Exclusion resulting from membership of either House of the Oireachtas, European Parliament or local authorities 158. Term of members 159. Removing member 160. Resignation of membership 161. Membership on temporary basis 162. Appointment of secretary and other staff 163. Appointment of consultants and advisers 164. Payment of members, consultants and advisers 165. Indemnification 166. Seal 167. Payments to be deposited into Exchequer 168. Disclosure of confidential information Chapter 2 General Provisions Relating to Mining Board Decisions 169. Quorum and decisions 170. Hearings open to public 171. Rules for procedure and practice 172. Infants and persons of unsound mind 173. Entering and conducting investigation on land 174. Injunction 175. Witnesses and production of documents and property 176. Offence relating to witnesses and production of documents and property 177. Referral of questions of law to High Court 178. Judicial review 179. Costs 180. Improperly influencing Mining Board Chapter 3 Jurisdiction of the Mining Board under this Act 181. Application of Chapter 3 182. Applications 183. Application fees 184. Right of audience before Mining Board 185. Decisions of Mining Board 186. Enforcement of decision 187. Certificate 188. Missing or unascertained recipients of compensation 189. Deductions from compensation for debts PART 7 Enforcement and Miscellaneous Chapter 1 Enforcement 190. Unlawful prospecting for or working of minerals 191. Inspectors 192. Indemnification 193. Duty to assist inspectors 194. Access to land 195. Private dwellings 196. Obstruction of inspector 197. Injunctions 198. Power to grant injunction after conviction 199. Prosecution of offences brought by summary proceedings 200. Time limit for offences that may only be brought by summary proceedings 201. Offences by bodies corporate Chapter 2 Public Participation and Access to Justice in Relation to Decisions on Specific Activities 202. Activities which may have significant effect on environment 203. Public participation in decisions authorising certain activities 204. Outcome of public participation 205. Judicial review of certain decisions Chapter 3 General Provisions Relating to Liability for Damage or Nuisance 206. Application of Chapter 207. Determining compensation 208. Other actions precluded 209. Court awards and settlements Chapter 4 Non-mineral Boreholes 210. Drilling non-mineral boreholes 211. Confidentiality of record and samples Chapter 5 Excepted Minerals 212. Deemed cancellation of registration of excepted minerals 213. Records of excepted minerals Chapter 6 Miscellaneous 214. Research and Revitalisation 215. Processing of mineral data 216. Regulations generally 217. Regulations to deal with methods of giving notice 218. Application fees 219. Payments to be deposited into Exchequer 220. Land subject to a purchase annuity 221. Combining public notices 222. Expenses in administering Act 223. Annual report to Oireachtas PART 8 Article 3.3 of the Minamata Convention on Mercury done at Geneva on 19 January 2013 224. Definitions — Part 8 225. Scope of Part 8 226. Restriction on Minister’s power to grant licences in respect of mercury 227. Prohibition on prospecting for mercury 228. Prohibition on primary mercury mining PART 9 Transitional Provisions, Repeals and Consequential Amendments Chapter 1 Transitional Provisions 229. Definition 230. Applications for prospecting licences under Minerals Development Acts 1940 to 1999 231. Applications for mining leases and licences under Minerals Development Acts 1940 to 1999 232. Continuation of former instruments 233. Compensation for working private minerals 234. Compensation relating to the exercise of ancillary underground rights 235. Liability for damage and nuisance under former Acts 236. Rehabilitation of mines 237. Validity of certain instruments Chapter 2 Repeals 238. Repeals Chapter 3 Consequential Amendments 239. Amendment of Foreshore Act 1933 240. Amendment of Forestry Act 1946 241. Amendment of section 12 of Air Navigation and Transport Act 1950 242. Amendment of First Schedule to State Property Act 1954 243. Amendment of Petroleum and Other Minerals Development Act 1960 244. Amendment of Continental Shelf Act 1968 245. Amendment of Gas Act 1976 246. Amendment of section 2 of National Monuments (Amendment) Act 1987 247. Amendment of Environmental Protection Agency Act 1992 248. Amendment of Taxes Consolidation Act 1997 249. Amendment of section 46 of Merchant Shipping (Investigation of Marine Casualties) Act 2000 250. Amendment of section 4 of Environment (Miscellaneous Provisions) Act 2011 251. Amendment of Third Schedule to Freedom of Information Act 2014 252. Amendment of Forestry Act 2014 253. Amendment of European Communities (Environmental Impact Assessment) Regulations 1989 254. Amendment of Planning and Development Regulations 2001 255. Amendment of Waste Management (Management of Waste from the Extractive Industries) Regulations 2009 256. Amendment of Second Schedule to European Communities (Birds and Natural Habitats) Regulations 2011 SCHEDULE List of Minerals Acts Referred to Acquisition of Land (Assessment of Compensation) Act 1919 (9 & 10 Geo. 5, c. 57) Air Navigation and Transport Act 1950 (No. 4) Air Pollution Act 1987 (No. 6) Civil Service Regulation Act 1956 (No. 46) Companies Act 1963 (No. 33) Companies Act 2014 (No. 38) Continental Shelf Act 1968 (No. 14) Derelict Sites Act 1990 (No. 14) Energy (Miscellaneous Provisions) Act 1995 (No. 35) Energy (Miscellaneous Provisions) Act 2006 (No. 40) Environment (Miscellaneous Provisions) Act 2011 (No. 20) Environmental Protection Agency Act 1992 (No. 7) Environmental Protection Agency Acts 1992 to 2011 European Parliament Elections Act 1997 (No. 2) Foreshore Act 1933 (No. 12) Forestry Act 1946 (No. 13) Forestry Act 2014 (No. 31) Freedom of Information Act 2014 (No. 30) Gas Act 1976 (No. 30) Harbours Act 1946 (No. 9) Harbours Act 1996 (No. 11) Harbours Act 2015 (No. 61) Land Act 1984 (No. 24) Land Law (Commission) Act 1923 (No. 27) Lands Clauses Consolidation Act 1845 (8 & 9 Vict., c. 18) Local Government (Water Pollution) Acts 1977 to 2007 Local Government Act 2001 (No. 37) Merchant Shipping (Investigation of Marine Casualties) Act 2000 (No. 14) Minerals Company (Amendment) Act 1950 (No. 5) Minerals Company Act 1945 (No. 7) Minerals Company Act 1947 (No. 35) Minerals Company Acts 1941 to 1950 Minerals Development Act 1940 (No. 31) Minerals Development Act 1979 (No. 12) Minerals Development Act 1995 (No. 15) Minerals Development Act 1999 (No. 21) Minerals Development Acts 1940 to 1979 Minerals Development Acts 1940 to 1995 Minerals Development Acts 1940 to 1999 Minerals Exploration and Development Company Act 1941 (No. 13) Mines and Minerals Act 1931 (No. 54) National Monuments (Amendment) Act 1987 (No. 17) National Monuments Act 1930 (No. 2) Petroleum and Other Minerals Development Act 1960 (No. 7) Petroleum and Other Minerals Development Acts 1960 and 1995 Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c. 93) Planning and Development (Amendment) Act 2010 (No. 30) Planning and Development Acts 2000 to 2016 Property Values (Arbitrations and Appeals) Act 1960 (No. 45) Protection of the Environment Act 2003 (No. 27) Registration of Deeds and Title Act 2006 (No. 12) Registration of Deeds and Title Acts 1964 and 2006 Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8) State Property Act 1954 (No. 25) Statutory Instruments Acts 1947 and 1955 Taxes Consolidation Act 1997 (No. 39) Waste Management Acts 1996 to 2011 Wildlife (Amendment) Act 2000 (No. 38) Wildlife Act 1976 (No. 39) Number 23 of 2017 MINERALS DEVELOPMENT ACT 2017 An Act to make further and better provision for the development of minerals in the State and for that purpose to repeal the Minerals Company Acts 1941 to 1950 and certain provisions of the Minerals Development Acts 1940 to 1999, to make consequential amendments to other Acts, to give effect to Article 3.3 of the Minamata Convention on Mercury done at Geneva on 19 January 2013, to amend the Continental Shelf Act 1968 , and to provide for related matters. [26th July, 2017] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title, commencement and collective citation 1. (1) This Act may be cited as the Minerals Development Act 2017. (2) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions. (3) This Act and the Minerals Development Act 1979 may be cited together as the Minerals Development Acts 1979 and 2017 and shall be construed together as one Act. Interpretation 2. In this Act— “Act of 1979” means Minerals Development Act 1979 ; “ancillary surface rights” means the rights described in section 102 (2); “ancillary surface rights licence” means a licence granted under section 113 (1); “ancillary underground rights” means the rights described in section 102 (1); “associated company”, in relation to another company, means— (a) a subsidiary or a holding company (within the meaning given to each respectively by section 7 and section 8 of the Companies Act 2014 ) of that other company, or (b) a body corporate that is a subsidiary of the same company of which the other company is a subsidiary; “company” means— (a) a body corporate incorporated under the laws of the State, or (b) an EEA company (within the meaning of Part 21 of the Companies Act 2014 ); “competing applications” shall be read in accordance with section 20 ; “exclusive mining right” means a right to work minerals that is vested in any person exclusive of any other person; “extractive waste” means waste resulting from the extraction, treatment and storage of minerals and waste resulting from the operation of quarries of stone, gravel, sand or clay; “grant”, in relation to a licence, includes the renewal of a licence; “inspector” means an inspector appointed under section 191 ; “land” includes extractive waste in or on land; “lithological log”, in relation to a borehole, shaft or other excavation, means a description of the geological characteristics of the rock units in which the borehole is drilled, or the shaft is sunk, or such other excavation takes place, derived from an examination of core or chip samples or from the shaft or trench walls; “local authority” means a local authority for the purposes of the Local Government Act 2001 ; “market price” means the amount that would be obtained in a sale in the open market between a willing seller and a willing buyer; “minerals” means all substances, including scheduled minerals, that occur naturally in or on land, or that occur in extractive waste, and includes, if the substances are worked, the cubic space formerly occupied by those substances but does not include— (a) topsoil, (b) turf or peat, (c) water, (d) petroleum, or (e) stone, gravel, sand or clay, other than a type of stone, gravel, sand or clay that is a scheduled mineral; “mineral waste” means waste resulting from the working of minerals; “Mining Board” means the Mining Board continued by section 154 ; “mining facilities acquisition order” means an order under section 112 ; “mining licence” means a licence granted under section 65 ; “Minister” means Minister for Communications, Climate Action and Environment; “petroleum” includes— (a) any mineral oil or relative hydrocarbon, natural gas or other liquid hydrocarbons or gaseous hydrocarbons and their derivatives or constituent substances, existing in its natural condition in strata (including, without limitation, distillate, condensate, casinghead gasoline and such other substances that are ordinarily produced from oil and gas wells), and (b) any other mineral substance contained in oil or natural gas brought to the surface with such oil or natural gas in the normal process of extraction, but does not include coal and bituminous shales and other stratified deposits from which oil can be extracted by distillation; “prescribed” means prescribed by regulations made by the Minister under this Act; “private land” means land other than State land; “private minerals” means minerals other than State minerals and excepted minerals and excludes all mines of gold and silver; “prospecting”, in relation to minerals, means searching for mineral deposits of economic value occurring in or on land and includes carrying out geological, geochemical and geophysical surveys, sampling, bulk sampling, drilling and trenching, but does not include carrying out airborne surveys for minerals within the meaning of section 52 (1); “prospecting licence” means a licence granted, or deemed to be granted, under section 17 ; “regulations” means regulations made by the Minister under this Act; “rehabilitation”, in relation to land that has been affected by prospecting for or working minerals, means the treatment of land in such a way as to restore the land to a satisfactory state, with particular regard to soil quality, wildlife, natural habitats, freshwater systems, landscape and appropriate beneficial uses; “rehabilitation acquisition order” means an order under section 149 ; “retention licence” means a licence granted under section 22 ; “scheduled mineral” means any substance referred to in the Schedule ; “specified land”, in relation to a licence or proposed licence, means the area of land to which the licence or proposed licence relates; “State land” has the same meaning as in the State Property Act 1954 ; “State minerals” means— (a) minerals, (b) the exclusive right of mining or taking minerals, or (c) the right to exploit minerals, that belong to, are the property of, are acquired by or are vested in the State or a Minister of the Government and includes all mines of gold and silver, but does not include an exclusive right of working minerals vested in the Minister under section 12 of the Act of 1979; “stone, gravel, sand or clay” means any type of stone, gravel, sand or clay commonly extracted for use in construction or for agricultural purposes without further processing other than size reduction, grading or washing or for use in the manufacture of cement or lime; “surface”, in relation to land, includes any buildings or works erected or constructed on the land and anything growing on the land; “tax clearance certificate” means a tax clearance certificate under section 1095 of the Taxes Consolidation Act 1997 ; “working”, in relation to minerals, has the meaning given to it by section 5 . Previous acquisition by, or vesting in, the State of minerals 3. Any acquisition by, or vesting in, the State or a Minister of the Government of minerals, the exclusive right of mining or taking minerals or the right to exploit minerals before this section comes into operation is deemed to always have included— (a) scheduled minerals, and (b) any substance that was considered to be a mineral at the time of the acquisition or vesting. State minerals vested in Minister 4. All State minerals are vested in the Minister on behalf of the State. Working minerals 5. (1) Subject to subsections (2) and (3), in this Act “working”, in relation to minerals, means the surface or underground extraction of minerals and includes determining the location and amount, treating, processing and carrying away, of the minerals and the treatment and storage of related mineral waste. (2) A person who carries out an activity involving extractive waste for the primary purpose of complying with any requirements of— (a) the Waste Management Acts 1996 to 2011, (b) the Waste Management (Management of Waste from the Extractive Industries) Regulations 2009 ( S.I. No. 566 of 2009 ), or (c) any other Act or statutory instrument, is not, for the purposes of this Act, considered to be working minerals. (3) The working of minerals does not include the surface extraction of substances for the primary purpose of obtaining stone, gravel, sand or clay and that may include small, non-commercial quantities of minerals. Application of Act 6. This Act applies to all minerals within the State or on or within the seabed and subsoil of— (a) the territorial seas (within the meaning of the Sea-Fisheries and Maritime Jurisdiction Act 2006 ), or (b) any area standing designated for the time being by order under section 2 of the Continental Shelf Act 1968 . Existing development consents 7. Nothing in, or granted under, this Act affects— (a) any requirement to obtain planning permission or an approval, or any planning permission or approval granted, under the Planning and Development Acts 2000 to 2016, or (b) any requirement to obtain a licence, or any licence granted, under the Environmental Protection Agency Act 1992 or the Waste Management Acts 1996 to 2011. PART 2 Prospecting Chapter 1 Minister’s Rights and Duty in Relation to Prospecting Minister’s rights and duty 8. (1) Subject to subsections (2) and (3) and section 195 , the Minister may, through his or her officers or agents, prospect for minerals in or on any area of land and for that purpose such officers or agents may enter the land, together with such personnel, equipment and vehicles that the Minister considers necessary to carry out the prospecting. (2) The Minister may exercise the rights under subsection (1) if— (a) the Minister is of the opinion that there may be minerals in or on the land concerned, (b) the minerals are neither excepted minerals nor being prospected for in or on the land concerned under this Act, (c) none of the land is land specified in a mining licence which is in force in respect of the minerals, (d) the Minister is of the opinion that prospecting for the minerals is in the public interest, and (e) the Minister has complied with section 9 . (3) The Minister’s rights to enter and prospect for specific minerals in or on any area of land are subject to the duty to pay compensation under section 51 for any damage or nuisance referred to in that section. Public notice 9. (1) Before prospecting for minerals in or on any area of land, the Minister shall give public notice in accordance with this section that the Minister intends to prospect for the minerals concerned and shall consider any objection that meets the requirements of subsection (3). (2) The Minister shall, for the purposes of subsection (1)— (a) deposit in the offices of the Department of Communications, Climate Action and Environment and in one or more places to which members of the public have access that are in the vicinity of the area to be prospected, a map showing the boundaries of that area, and (b) publish in at least one newspaper circulating in the vicinity of the area to be prospected a notice stating that— (i) the Minister intends to prospect for certain specified minerals, (ii) a map showing the boundaries of the area to be prospected may be viewed at the places at which the map has been deposited in accordance with paragraph (a), and (iii) the public may send written objections that meet the requirements of subsection (3) to the Minister at an address specified in the notice. (3) The Minister shall consider only those objections that— (a) are in writing and have been delivered to the address specified in the notice under subsection (2)(b) within 21 days after the date of publication of the notice, and (b) relate to entering on land or prospecting for minerals and that do not relate to working the minerals or compensation for working the minerals. (4) If the Minister is required to consider one or more objections in accordance with subsection (3), the Minister shall respond to the objections within 90 days after the date of publication of the notice under subsection (2)(b). Limited right to extract and remove minerals for analysis, etc. 10. (1) The Minister may extract and remove from the land being prospected under section 8 — (a) drill cores and other small quantities of minerals for analysis, test, trial or experiment, and (b) bulk samples of minerals for analysis, test, trial or experiment including, with the prior approval of the owner, or where the owner cannot be ascertained of the occupier, of the land, bulk samples extracted from the surface. (2) The Minister may sell private minerals extracted under subsection (1) for the purpose of determining whether or not a market for the particular minerals exists. Compensation in respect of minerals sold under section 10 11. (1) If the Minister— (a) sells private minerals extracted under section 10 , and (b) after such sale, grants a mining licence in respect of those minerals, in or on the land from which those minerals were extracted, he or she shall pay compensation in accordance with Chapter 4 of Part 3 as if the minerals sold had been extracted by a licensee under the mining licence. (2) If there is a dispute over whether compensation is payable in respect of minerals referred to in section 10 , the Mining Board, when requested by the Minister or by a person claiming an entitlement to compensation, shall determine the person, if any, entitled to compensation or the compensation payable under this section, as the case may be. Chapter 2 Statements of Interest Registration 12. (1) A person may apply to the Minister to register a written statement that sets out the person’s interest in prospecting for specified minerals in or on specified land (referred to in this Act as a “statement of interest”). (2) Subject to subsection (3), the Minister shall register a person’s statement of interest where— (a) the person submits an application in the prescribed form that specifies the minerals of interest and— (i) where appropriate, the number designated to the prospecting licence area by the Minister, or (ii) an ordnance map at an appropriate scale or other suitable map approved by the Minister showing the area of land of interest, (b) the person submits the prescribed application fee, and (c) the proposed area of land does not exceed the prescribed limit on the area that may be covered by statements of interest registered in respect of one person. (3) No statement of interest may be registered— (a) in respect of land specified in a mining licence or land in relation to which the Minister has received an application for a mining licence that has not been refused, (b) in respect of minerals in or on the land specified in a prospecting licence or a retention licence which is in force, (c) in respect of minerals in or on the land specified in an application received by the Minister for a prospecting licence or a retention licence that has not been refused, or (d) in respect of excepted minerals. Period for which statement of interest remains registered 13. The period for which a statement of interest shall remain registered shall be determined by the Minister subject to the expiration of that period under section 15 . Notification to interested party 14. If the Minister receives an application for a prospecting licence in respect of any part of the land specified in a registered statement of interest and of minerals specified in the statement, the Minister shall send a notice to the person whose interest has been registered in accordance with section 12 (in this Chapter referred to as the “interested person”) stating that— (a) the application has been received, and (b) the interested person may submit an application for a prospecting licence to the Minister within a period specified in the notice. Expiration of registration after notification 15. If the Minister has sent a notice under section 14 to an interested person and the Minister grants a prospecting licence to the applicant (who is not the interested person), the registration under section 12 of the statement of interest of that interested person expires in respect of the minerals and land specified in the licence. Chapter 3 Prospecting Licences and Retention Licences Rights and duties under prospecting licence and retention licence 16.The licensee under a prospecting licence or a retention licence has— (a) the exclusive right to prospect, subject to sections 33 (1) and 34 (1),for the minerals specified in the licence in or on the specified land, (b) the right to enter the specified land, together with such personnel, equipment and vehicles that the licensee considers necessary to carry out the prospecting, (c) the limited right under section 35 to work and sell the minerals, and (d) the duties imposed by this Act, the regulations and the licence, including the duty to pay compensation under section 51 for any damage or nuisance referred to in that section. Granting prospecting licence 17. (1) Subject to section 20 , the Minister shall grant a prospecting licence for specified minerals in or on specified land to an applicant if— (a) the applicant submits an application in the prescribed form, the prescribed application fee and a current tax clearance certificate, (b) the Minister is of the opinion that the minerals may be in or on the specified land, (c) the minerals are neither excepted minerals nor already being prospected for in or on the land concerned under this Act, (d) the Minister is of the opinion that prospecting for the minerals to be specified in the licence is in the public interest, (e) none of the specified land is land specified under a mining licence, (f) the applicant— (i) submits an exploration programme that the Minister is satisfied is feasible and that, in the opinion of the Minister, is likely to result in the discovery of minerals of economic value within the term of the licence, and (ii) satisfies the Minister that he or she has, or has available to him or her, the financial resources, technical ability and expertise to carry out the programme, (g) the applicant is a fit and proper person (as provided for by section 27 ) to be a licensee, (h) the applicant provides the prescribed information and evidence and any additional information or evidence required by the Minister, (i) the requirements of section 25 regarding public notice and consideration of objections have been complied with, (j) the applicant obtains insurance of the classes and in the amounts that are satisfactory to the Minister, (k) the first instalment of the licence fee, as prescribed by the Minister under section 28 , has been paid, (l) there is no application for a prospecting licence for some, or all, of the specified minerals in or on all, or any part, of the specified land pending determination by the Minister, (m) either— (i) no prospecting licence or retention licence is in force in respect of all or any part of the specified land, or (ii) if either such licence is in force, the licensee has been notified in accordance with section 18 , and— (I) the licensee has not submitted a competing application within the period specified by the Minister under section 18 (b), or (II) the competing application submitted by the licensee does not meet the requirements of paragraphs (a) to (h), and (n) no statement of interest has been registered for any of the specified minerals in respect of all or any part of the specified land or, if such a statement of interest has been registered, the requirements of section 14 regarding notification of the interested person have been complied with, and— (i) the interested person has not submitted a competing application within the period specified by the Minister under section 14 (b), or (ii) the competing application submitted by the interested person does not meet the requirements of paragraphs (a) to (h). (2) If the Minister is of the opinion that the range of minerals specified by the applicant is excessive having regard to the exploration programme, the Minister may refuse to grant a prospecting licence or may grant a prospecting licence for fewer than all of the minerals specified. (3) A prospecting licence under the Minerals Development Act 1940 or Part III of the Petroleum and Other Minerals Development Act 1960 that is in force immediately before the commencement of this section is deemed to be a prospecting licence granted under this section. Notice to existing licensees under prospecting and retention licences 18. If the Minister receives an application for a prospecting licence (referred to in this section as the “current application”) over any part of the land specified in a prospecting licence or retention licence (both referred to in this section to as the “existing licence”) for minerals that are different from the minerals specified in the existing licence and is of the opinion that granting a prospecting licence for those minerals in the area or part of the area of the existing licence would not be incompatible with the exploration programme being carried out under that licence, the Minister shall send a notice to each licensee under the existing licence stating that— (a) the application has been received, and (b) the licensee may submit an application for a prospecting licence to the Minister, within a period determined by the Minister specified in the notice. Competition for certain licences 19. (1) The Minister may invite applications for a new prospecting licence over land specified in a prospecting licence or retention licence that— (a) has expired and not been renewed, (b) has been revoked in accordance with section 43 , (c) has terminated in accordance with section 44 , or (d) has been surrendered in accordance with section 45 . (2) An invitation under subsection (1) shall— (a) be published in at least one national newspaper, (b) identify the prospecting licence or retention licence that has expired, been revoked, terminated or been surrendered, and (c) state that an application for a licence over the land specified in the licence may be submitted to the Minister within a period determined by the Minister specified in the invitation. Competing applications 20. (1) This section applies where competing applications for a prospecting licence exist. (2) Competing applications for a prospecting licence exist where— (a) there is more than one application for a prospecting licence and some or all of each such application relates to some or all of the same minerals in or on any part of the same land, (b) more than one application has been submitted in time, that is to say— (i) in the case of an application by a licensee under a prospecting licence or a retention licence referred to in section 18 , the licensee has submitted the application within the specified period determined by the Minister under section 18 (b), (ii) in the case of an application in response to an invitation by the Minister under section 19 , the applicant has submitted the application within the specified period determined by the Minister under section 19 (2)(c), and (iii) in the case of an application by a person who has registered a statement of interest, the person has submitted the application within the specified period determined by the Minister under section 14 (b), and (c) more than one application meets the requirements of paragraphs (a) to (h) of section 17 (1). (3) The Minister shall grant the prospecting licence under section 17 to the applicant who has, in the opinion of the Minister, the best application having regard to— (a) the relative likelihood that the applicant’s proposed exploration programme will result in the discovery of minerals of economic value within the shortest period of time, (b) the relative likelihood that an applicant will carry out the proposed exploration programme, (c) an applicant’s previous performance in prospecting for or working minerals in the State or elsewhere, (d) any other prescribed factor. Renewing prospecting licence 21. The Minister shall grant a renewal of a prospecting licence to the licensee in respect of the minerals and land specified in the prospecting licence if— (a) the licensee submits, before the end of the term of the current licence, an application in the prescribed form, the prescribed application fee and a current tax clearance certificate, (b) the Minister is of the opinion that the minerals may be in or on the specified land, (c) the Minister is of the opinion that prospecting for the minerals is in the public interest, (d) the applicant— (i) submits an exploration programme that the Minister is satisfied is feasible, and that, in the opinion of the Minister, is likely to result in the discovery of minerals of economic value within the period for which the licence is renewed, and (ii) satisfies the Minister that the applicant has, or has available to him or her, the financial resources and technical ability to carry out the programme, (e) the applicant continues to be a fit and proper person (as provided for by section 27 ) to be a licensee, (f) the licensee has complied with the conditions of the licence to be renewed and has not breached a provision of this Act or the regulations or a condition of any other prospecting licence, retention licence, mining licence or ancillary surface rights licence held by the licensee, (g) the applicant provides the prescribed information and evidence and any additional information or evidence required by the Minister, (h) the requirements of section 25 regarding public notice and consideration of objections have been complied with, (i) the applicant obtains insurance of the classes and in the amounts that are satisfactory to the Minister, and (j) the first instalment of the licence fee, as determined by the Minister, has been paid. Retention licence 22. (1) Where a licensee under a prospecting licence has discovered minerals in or on the specified land, the Minister shall, subject to subsection (2), grant a licence (in this Act referred to as a “retention licence”) to the licensee to continue to prospect, subject to a reduction or elimination of the requirements relating to the exploration programme and financial expenditure if— (a) the licensee submits, before the end of the term of the prospecting licence, an application in the prescribed form, the prescribed application fee and a current tax clearance certificate, (b) the licensee has held the prospecting licence for the prescribed period, (c) the Minister is satisfied that the licensee at the time of making the application has discovered minerals in or on the specified land, and is also satisfied that— (i) it is not economically feasible to work the minerals, although it is reasonable to expect that working the minerals will become economically feasible in the future, or (ii) there are environmental, access or other difficulties that prevent the minerals from being worked for the time being, (d) the Minister is of the opinion that prospecting for the minerals is in the public interest, (e) the applicant satisfies the Minister that— (i) a reduced exploration programme is appropriate and that the applicant has, or has available to him or her, the financial resources and technical ability to carry out the programme, or (ii) no exploration programme is required in the circumstances, (f) the applicant continues to be a fit and proper person (as provided for by section 27 ) to be a licensee, (g) the licensee has complied with the conditions of the prospecting licence and has not breached a provision of this Act or the regulations or a condition of any other prospecting licence, retention licence, mining licence or ancillary surface rights licence held by the licensee, (h) the applicant provides the prescribed information and evidence and any additional information or evidence required by the Minister, (i) the requirements of section 25 regarding public notice and consideration of objections have been complied with, (j) the applicant obtains insurance of the classes and in the amounts that are satisfactory to the Minister, and (k) the first instalment of the licence fee, as determined by the Minister, has been paid. (2) A retention licence may be granted in respect of some or all of the minerals for which the prospecting licence was granted and may include additional minerals, other than excepted minerals. (3) A retention licence applies to the land in or on which the minerals are located and any other land that may be required for future mining operations as specified in the retention licence. Renewing retention licence 23. The Minister shall grant a renewal of a retention licence to the licensee in respect of the minerals and land specified in the retention licence if— (a) the licensee submits, before the end of the term of the current licence, an application in the prescribed form, the prescribed application fee and a current tax clearance certificate, (b) the Minister is satisfied that at the time of making the application— (i) it is still not economically feasible to work the minerals, although it is reasonable to expect that working the minerals will become economically feasible in the future, or (ii) there are still environmental, access or other difficulties that prevent the minerals from being worked for the time being, (c) the Minister is of the opinion that prospecting for the minerals is in the public interest, (d) the applicant satisfies the Minister that— (i) a reduced exploration programme is appropriate and that the applicant has, or has available to him or her, the financial resources and technical ability to carry out the programme, or (ii) no exploration programme is required in the circumstances, (e) the applicant continues to be a fit and proper person (as provided for by section 27 ) to be a licensee, (f) the licensee has complied with the conditions of the licence to be renewed and has not breached a provision of this Act or the regulations or a condition of any other prospecting licence, retention licence, mining licence or ancillary surface rights licence held by the licensee, (g) the applicant provides the prescribed information and evidence and any additional information or evidence required by the Minister, (h) the requirements of section 25 regarding public notice and consideration of objections have been complied with, (i) the applicant obtains insurance of the classes and in the amounts that are satisfactory to the Minister, and (j) the first instalment of the licence fee, as determined by the Minister, has been paid. Refusal to grant prospecting licence or retention licence before public notice 24. (1) If the Minister determines, before giving public notice under section 25 , that— (a) any of the requirements of paragraphs (a) to (h) and paragraphs (l) and (m) of section 17 (1) have not been met in respect of an application to grant a prospecting licence, (b) any of the requirements of paragraphs (a) to (g) of section 21 have not been met in respect of an application to renew a prospecting licence, (c) any of the requirements of paragraphs (a) to (h) of section 22 (1) have not been met in respect of an application to grant a retention licence, or (d) any of the requirements of paragraphs (a) to (g) of section 23 have not been met in the case of an application to renew a retention licence, then the Minister shall notify the applicant— (i) of the requirements (if any) that have not been met, (ii) that the applicant may submit written representations to the Minister within 30 days after the date on which the notice was sent. (2) If, after considering any written representations that have been submitted to the Minster under subsection (1)(ii), the Minister still considers that any requirements have not been met then the Minister shall send to the applicant a notice of refusal with reasons. (3) If, in the case of competing applications for a prospecting licence, the Minister determines that an application is not, in his or her opinion, the best application based on factors set out in section 20 (3), the Minister shall send to the applicant a notice of refusal with reasons. (4) If the Minister sends an applicant a notice of refusal, the Minister shall not grant a prospecting licence to the applicant unless a new application is submitted. Public notice before granting or renewing prospecting licence or retention licence 25. (1) Before granting or renewing a prospecting licence or a retention licence the Minister shall give public notice in accordance with this section that the Minister intends to grant or renew the licence, as the case may be, and shall consider any objection that meets the requirements of subsection (3). (2) The Minister shall, for the purposes of subsection (1)— (a) deposit in the offices of the Department of Communications, Climate Action and Environment and in one or more places to which members of the public have access that are in the vicinity of the area of the proposed licence a map showing the boundaries of the area, and (b) publish in at least one newspaper circulating in the vicinity of the area of the proposed licence a notice indicating the type of licence the Minister intends to grant or renew, as the case may be, and stating that— (i) the Minister intends to grant or renew the licence, as the case may be, for specified minerals to the specified applicant, (ii) a map showing the boundaries of the area of the licence proposed to be granted or renewed, as the case may be, may be viewed at the places at which the map has been deposited in accordance with paragraph (a), and (iii) the public may send written objections that meet the requirements of subsection (3) to the Minister at an address specified in the notice. (3) The Minister shall consider only those objections that— (a) are in writing and have been delivered to the address specified in the notice within 21 days after the date of publication of the notice required under subsection (2), and (b) relate to entering on land or prospecting for minerals and that do not relate to working the minerals or compensation for working the minerals. (4) If the Minister is required to consider one or more objections in accordance with subsection (3), the Minister shall decide whether to grant the licence within 90 days after the date of publication of the notice required under subsection (2). Refusal to grant prospecting licence or retention licence after public notice 26. (1) If the Minister decides to refuse to grant or renew a prospecting licence or a retention licence after giving public notice under section 25 , the Minister shall notify the applicant of the requirements specified in section 24 (1) that have not been met and provide the applicant with an opportunity to submit written representations within 30 days after the date on which the notice was sent. (2) If, after considering any written representations that have been submitted to the Minister under subsection (1), the Minister still considers that any requirements have not been met, the Minister shall send to the applicant a notice of refusal with reasons. (3) If the Minister sends an applicant a notice of refusal, the Minister shall not grant a prospecting licence or retention licence to the applicant unless a new application is submitted. Fit and proper person 27. The Minister shall consider the following in determining whether an applicant is a fit and proper person to be a licensee under a prospecting licence or a retention licence: (a) letters of reference; (b) whether the applicant or, in the case of a body corporate that is an applicant, any of its associated companies or any of the directors, officers or key employees of that body corporate or of those companies, has been convicted of an offence under the laws of the State or elsewhere that would raise doubt about the applicant complying with this Act and regulations made under it; (c) in the case of a body corporate, whether any of its directors has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or is subject or is deemed to be subject to— (i) a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 , whether by virtue of that Chapter or any other provision of that Act, or (ii) a disqualification outside the State to like effect which corresponds to a disqualification order within the meaning of Chapter 4 of Part 14 of that Act; (d) whether the applicant, in the case of an individual, is adjudicated bankrupt or is subject to proceedings for a declaration of bankruptcy or becomes an arranging debtor or, in the case of a body corporate— (i) has commenced a voluntary winding-up or is subject to a winding-up order or is subject to proceedings for such an order, (ii) is subject to the appointment of a receiver or examiner, or (iii) has proposed a compromise or arrangement that is sanctioned under section 453 (2) of the Companies Act 2014 or 201 (3) of the Companies Act 1963 ; (e) the previous performance in prospecting for or working minerals in the State or developing other natural resources in the State or elsewhere by the applicant or, in the case of a body corporate that is the applicant, any of its associated companies or any of the directors, officers or key employees of that body corporate or of those companies; (f) in the case of a body incorporated under the laws of another state, whether any event which corresponds to an event referred to in paragraph (c) has occurred in relation to its directors or whether to any event referred to in paragraph (d) has occurred in relation to that body corporate; (g) such other matters as the Minister considers appropriate to take into account in the circumstances. Licence fee for prospecting licence or retention licence 28. (1) The Minister, with the prior consent of the Minister for Public Expenditure and Reform, shall prescribe the licence fee for granting or renewing a prospecting licence or a retention licence and the schedule for paying that fee in instalments. (2) The licence fee may be different for different types of licences, for different types of minerals and for different areas to be prospected. (3) The Minister, when determining the amount of the licence fee, shall have regard to the following factors: (a) the costs associated with administering this Part; (b) the fee charged for similar licences in other jurisdictions; (c) the goal of encouraging prospecting for minerals in the State. (4) Every prospecting licence and retention licence is subject to the condition that the licensee shall pay the licence fee in accordance with the payment schedule prescribed by the Minister under subsection (1). Reducing or adding to land specified in application 29. (1) The Minister may, for any of the following purposes, grant a prospecting licence or a retention licence in which the land specified is less than the land specified in the application for the licence: (a) to promote good prospecting practices; (b) to protect national parks and monuments and environmentally sensitive areas; (c) to protect areas of archaeological heritage; (d) to avoid land used for military purposes; (e) to avoid urban or built up areas; (f) to have the boundaries of the land specified correspond with landmarks or well-known existing boundaries. (2) The Minister may, for any of the following purposes, grant a prospecting licence or retention licence in which the land specified is more than the land specified in the application for the licence: (a) to promote good prospecting practices; (b) to have the boundaries of the land specified correspond with landmarks or well known existing boundaries; (c) to eliminate gaps in areas to be prospected. Term of licences 30. Subject to any maximum period provided for under section 31 , the term of a prospecting licence or a retention licence shall be determined by the Minister. Regulations in respect of grant of licence 31. (1) The Minister may make regulations regarding the granting or renewal of prospecting licences and retention licences, including the following matters: (a) the manner of making an application; (b) the period that a licensee has to hold a prospecting licence before being eligible for a retention licence. (2) The regulations may differentiate according to the type of prospecting licence or retention licences or minerals involved. Regulations relating to conditions of prospecting licences and retention licences 32. (1) The Minister may make regulations setting out conditions to which a prospecting licence or a retention licence is subject (which are in addition to those set out in this Act) regarding any of the following matters: (a) exploration programme and expenditure requirements, including the carry-over and combination of expenditures if more than one licence is held; (b) good prospecting practice, including— (i) the protection of groundwater and the integrity of aquifers, (ii) waste management, and (iii) the rehabilitation of the land; (c) notification to persons who have an estate or interest in the land that certain activities are planned; (d) compliance with other legislation; (e) notification to the Minister of claims or disputes; (f) insurance; (g) safety of persons and animals; (h) compensation payable under section 51 ; (i) appointment of a resident manager and his or her functions and the necessary qualifications of persons employed by the licensee; (j) rights of other licensees or the Minister to prospect; (k) compliance with the Minister’s instructions; (l) return of licences to the Minister; (m) such other matters as are ancillary or consequential to paragraphs (a) to (l). (2) Regulations made unde …