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31 1940

MINERALS DEVELOPMENT ACT, 1940

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.