Number 7/1960: PETROLEUM AND OTHER MINERALS DEVELOPMENT ACT, 1960

Next (PART I. Preliminary.)

7 1960

[GA]

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Number 7 of 1960.

[GA]

PETROLEUM AND OTHER MINERALS DEVELOPMENT ACT, 1960.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary.

Section
1.	Short title.

PART II.

Petroleum.

Chapter I.

Interpretation (Part II).

2.	Definitions (Part II).
3.	“Ancillary rights”.

Chapter II.

Vesting of property in petroleum in the Minister.

4.	Vesting of State petroleum in the Minister.
5.	Vesting of other petroleum in the Minister.

Chapter III.

Exploration and development of petroleum.

6.	Restrictions on searching for and getting petroleum.
7.	Undertaking to grant exploration licences and petroleum prospecting licences.
8.	Exploration licences.
9.	Petroleum prospecting licences.
10.	Undertaking by Minister to grant petroleum lease.
11.	Right of Minister to explore and prospect for petroleum.
12.	Compensation for damage or nuisance caused by licensee under a petroleum prospecting licence or by Minister exercising powers under section 11 (1) (b).
13.	Petroleum leases.
14.	Right of Minister to work and dispose of petroleum.
15.	Rights of entry on and user of land by lessee under petroleum lease or by Minister exercising powers under section 14.
16.	Compensation for damage or nuisance caused by lessee under petroleum lease or by Minister in working petroleum or exercising rights conferred by section 15.
17.	Furnishing of information by lessees under petroleum leases.
18.	Covering abandoned boreholes, shafts or outlets.
19.	Reserved area licences.
20.	Assignment of interest of lessee under petroleum lease.
21.	Transfer of licences under Part II, and exercise of rights under licences on death of licensees.
22.	Revocation of licences under Part II.

Chapter IV.

Working facilities.

23.	Compulsory acquisition of land and ancillary rights by the Minister.
24.	Notice in respect of working facilities acquisition orders.
25.	Compensation for working facilities.
26.	Working facilities permits.
27.	Working facilities permit in respect of State land.
28.	Compensation for damage or nuisance caused by exercise of rights under a working facilities permit or a working facilities (State land) permit.

Chapter V.

Proceedings before the Board and powers of the Board under Part II.

29.	Interpretation (Chapter V, Part II).
30.	Regulations for proceedings before Board.
31.	Powers of the Board.
32.	Entry on land by the Board or officers thereof.

Chapter VI.

Provisions in relation to compensation payable under section 5.

33.	Interpretation (Chapter VI, Part II).
34.	Compensation not payable for petroleum unless and until it is brought to the surface and used or sold.
35.	Persons entitled to compensation.
36.	Form and amount of compensation.
37.	Claims for compensation and dealing with claims by the Minister.
38.	Awards of compensation by the Board.
39.	Right of audience on adjudication of claims for compensation under section 5 by the Board.

Chapter VII.

Provisions in relation to compensation payable under sections 12, 16, 18, 25 and 28

40.	“Compensation” (Chapter VII, Part II).
41.	Determination of amount of compensation.
42.	Applications for compensation.
43.	Agreed compensation in respect of land subject to a land purchase annuity.
44.	Fees on application for compensation.
45.	Right of audience on hearing before the Board.
46.	Awards of compensation.
47.	Awards of compensation in respect of land subject to a land purchase annuity.
48.	Basis for assessment of compensation in respect of ancillary rights payable under section 25.

Chapter VIII.

Provisions ancillary to Chapters VI and VII.

49.	Finality of Board's decisions on questions of fact.
50.	Cases stated on questions of law.
51.	Awards of costs.

Chapter IX.

Miscellaneous and General.

52.	Provisions in relation to petroleum operations.
53.	Royalty rents for petroleum acquired under the Mines and Minerals Act, 1931, and the Minerals Development Act, 1940.
54.	Right to drill for and take away petroleum not to be a rateable hereditament.
55.	Payments to lessees under petroleum leases.
56.	Minister to be given notice of sinking of shafts or boreholes.
57.	Laying of half-yearly reports before Houses of the Oireachtas.
58.	Disposal of moneys received as consideration.
59.	Collection and disposal of fees.
60.	Regulations in relation to applications for licences under Part II, fees thereon, and size and shape of areas for which those licences may be granted.
61.	General provisions as to regulations.
62.	Prosecution of offences.
63.	Expenses.
64.	Repeal of Petroleum (Production) Act, 1918.
65.	Saving for powers and duties of the Revenue Commissioners under the enactments relating to customs and excise.
66.	Deductions from compensation of debts due to the State.

PART III.

Amendment of the Minerals Development Act, 1940.

67.	Interpretation (Part III).
68.	Collective citation of the Principal Act and Part III.
69.	Cesser of application of provisions of the Principal Act, with certain exceptions, to petroleum.
70.	Provisions in relation to prospecting licences and State mining leases granted under the Principal Act and leases granted under section 11 of the Mines and Minerals Act, 1931, as respects petroleum.
71.	Power of Minister to sell State minerals.
72.	Amendment of section 6 of the Principal Act.
73.	Amendment of section 7 of the Principal Act.
74.	Amendment of section 10 (1) of the Principal Act.
75.	Mining facilities permits.
76.	Mining facilities permit in respect of State land.
77.	Compensation for damage or nuisance caused by exercise of rights under a mining facilities permit or a mining facilities (State land) permit.
78.	Disposal of moneys received by the Minister under section 75, 76 or 77.
79.	Amendment of section 25 (1) of the Principal Act.
80.	Amendment of section 31 (3) of the Principal Act.
81.	Amendment of section 42 of the Principal Act.
82.	Amendment of section 47 (3) of the Principal Act.
83.	Amendment of section 64 of the Principal Act.
84.	Amendment of section 66 of the Principal Act.
85.	Repeal of section 71 (4) of the Principal Act.
86.	Amendment of section 72 of the Principal Act.
87.	Amendment of section 73 of the Principal Act.
88.	Amendment of section 75 of the Principal Act.

Acts Referred to
Mines and Minerals Act, 1931	1931, No. 54.
Minerals Development Act, 1940	1940, No. 31.
Petroleum (Production) Act, 1918	1918, c. 52.

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Number 7 of 1960.

PETROLEUM AND OTHER MINERALS DEVELOPMENT ACT, 1960.

AN ACT TO VEST IN THE MINISTER FOR INDUSTRY AND COMMERCE ALL PROPERTY IN PETROLEUM EXISTING IN ITS NATURAL CONDITION IN STRATA, TO MAKE FURTHER AND BETTER PROVISION FOR THE WORKING AND DEVELOPMENT OF SUCH PETROLEUM, TO AMEND THE MINERALS DEVELOPMENT ACT, 1940 , AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [10th March, 1960.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—