Mines and Minerals Act , 1931

PART I. Preliminary.

1 Definitions.

1.—(1) In this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “exclusive mining right” means the exclusive right of mining and taking minerals and digging and searching for minerals;

the word “rent” includes any periodical payment in the nature of rent;

the expression “land purchase annuity” means a land purchase annuity payable under the Land Purchase Acts to the Irish Land Commission;

the word “inspector” includes any person authorised in writing (either generally or for a special purpose) by the Minister to exercise all or any of the powers or perform all or any of the duties conferred or imposed on an inspector by this Act;

the expression “prescribed” means prescribed by the Minister by regulations made under this Act.

(2) In Parts IV., V. and VIII. of this Act—

the expression “minerals” includes all minerals and substances in or under land obtainable by underground or surface working.

(3) In Parts IV. and V. of this Act—

references to working minerals shall include references to working, carrying away, treating, and converting minerals;

the word “surface” when used in relation to land includes any buildings, works, or things erected, constructed or growing on such land.

(4) In Part IV. of this Act—

the expression “right to let down the surface” includes a right to let down superincumbent or adjacent strata up to and including the surface;

the word “lease” includes any contract of tenancy and also includes a licence, and the word “lessor” and “lessee” shall have corresponding meanings.

2 Amendment of section 13 of the Irish Land Act, 1903, and consequential repeals.

2.—(1) Sub-section (3) of section 13 of the Irish Land Act, 1903 shall be construed and have effect—

(a) as if in lieu of enacting that on the sale under the Land Purchase Acts of any land by the Irish Land Commission or of any land comprised in an estate by the owner of the estate, there shall be reserved in the prescribed manner to the Irish Land Commission the exclusive right of mining and taking minerals and digging and searching for minerals, on or under that land, it enacted that on any such sale there shall be vested in Saorstát Eireann such exclusive right, and

(b) as if the words “and the said right shall be disposed of by the Commission in manner hereafter to be provided by Parliament” now contained therein were deleted therefrom.

(2) 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 the exclusive right of mining and taking minerals);

(c) section 1 of the Irish Land Act, 1907; and

(d) section 37 of the Irish Land Act, 1909;

shall cease to have effect, but shall continue to apply to any letting, lease, sale, or demise of any such exclusive right of mining and taking minerals made by the Irish Land Commission before the passing of this Act under the said section 1 of the Irish Land Act, 1907 as amended by the said section 37 of the Irish Land Act, 1909.

3 Amendment of section 45 of the Land Act, 1923.

3.—The second proviso to sub-section (5) of section 45 of the Land Act, 1923 (No. 42 of 1923), is hereby repealed.

4 Determination of questions in relation to exclusive mining rights.

4.—(1) If for the purposes of this Act any question arises—

(a) as to whether an exclusive mining right has before the passing of this Act been reserved to the Irish Land Commission under section 13 of the Irish Land Act, 1903, and if so reserved, as to whether such right has been purchased or disposed of by the Irish Land Commission in accordance with law, and, if so disposed of, the nature and extent of such disposition, or

(b) as to whether an exclusive mining right has on or after the passing of this Act been vested in Saorstát Eireann under section 13 of the Irish Land Act, 1903 as amended by this Act, or

(c) as to whether an exclusive mining right has been vested in Saorstát Eireann under section 45 of the Land Act, 1923 (No. 42 of 1923), or

(d) as to whether any particular substance can be mined and taken under any particular such mining right as is mentioned in any of the foregoing paragraphs of this sub-section,

the Minister may refer such question to the Irish Land Commission exclusive of the Judicial Commissioner for their determination.

(2) An appeal shall lie to the Judicial Commissioner from any decision of the Irish Land Commission under this section.

(3) An appeal shall lie to the Supreme Court in accordance with rules of court from any decision of the Judicial Commissioner under this section.

(4) The Irish Land Commission may make rules regulating proceedings before the Irish Land Commission and appeals to the Judicial Commissioner under this section.

5 State mines and minerals and exclusive state mining rights.

5.—(1) In this Act the expression “State mines and minerals” means—

(a) in relation to any mines and minerals which at the date of the passing of this Act belong, by virtue of Article 11 of the Constitution or otherwise, to Saorstát Eireann, such mines and minerals;

(b) in relation to any mines and minerals which on or after the passing of this Act become, by any means, vested in Saorstát Eireann, such mines and minerals as on and from the date of such vesting.

(2) In this Act the expression “exclusive State mining right” means—

(a) in relation to any exclusive mining right which immediately before the passing of this Act belongs to or is vested in Saorstát Eireann, or is reserved to the Irish Land Commission, such exclusive mining right;

(b) in relation to any exclusive mining right which on or after the passing of this Act becomes by any means vested in Saorstát Eireann, such exclusive mining right as from the date of such vesting.

(3) In sub-section (1) of this section the word “minerals” includes all minerals and substances in or under land obtainable by underground or surface working.

PART II. The mining board.

6 Establishment of the Mining Board.

6.—(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 or practising solicitor of at least ten years 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 remuneration and 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 place of whom such person is so temporarily appointed.

7 Regulations for proceedings before Board.

7.—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.

8 Powers of Board.

8.—(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 and compelling the production of documents.

(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 other 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.

9 Entry on land by the Board or officers thereof.

9.—(1) Any member of the Board and any officer of the Board authorised in that behalf by any member of 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 he may consider necessary for the purposes aforesaid.

(2) If any person obstructs or impedes any member or officer of the Board in the exercise of the powers conferred on such member or officer 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.

10 Staff of the Board.

10.—(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 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 III. Leasing of State Mines and Minerals.

11 Leases by the Minister.

11.—(1) If in the opinion of the Minister it is in the public interest that any State mines and minerals or any exclusive State mining right should be granted by way of lease to any person, the Minister may, under and in accordance with this Part of this Act, demise such State mines and minerals or exclusive State mining right to such person by way of lease for such term not exceeding ninety-nine years as the Minister shall think proper.

(2) A demise of any State mines and minerals or exclusive State mining right made under this section may be made by way of take note or prospecting lease for such term not exceeding two years as the Minister shall think proper and such lease may contain an option to the lessee therein to take a reversionary lease of such State mines and minerals or exclusive State mining right for such term as will together with the term created by such take note or prospecting lease not exceed ninety-nine years as the Minister shall think proper.

(3) Every lease made under this section shall (unless the Minister and the Minister for Finance are jointly of opinion that such lease should in the public interest be made free of any payment) be made subject to the payment to the Minister of such moneys, whether by way of fine or other preliminary payment or by way of rent (including a royalty rent variable according to the price or value of the minerals gotten) or by both such ways, as the Minister and the Minister for Finance shall jointly think proper and shall agree upon with the person to whom such lease is made, and all such moneys when received by the Minister shall be paid into or disposed of for the benefit of the Exchequer by the Minister in such manner as the Minister for Finance shall direct.

(4) Every such lease as aforesaid shall be made subject to and shall contain such covenants, conditions and agreements (other than for the renewal of the lease) as the Minister shall consider proper or desirable in the public interest or otherwise and shall agree upon with the person to whom such lease is granted.

(5) In exercising the respective powers conferred on them by this section, and in particular in determining the terms of any demise or the payment to be made thereunder, 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 mines and minerals to which the demise relates.

12 Right of entry by lessees.

12.—Every person who is for the time being lessee of State mines and minerals or of an exclusive State mining right under a lease made under this Part of this Act may, subject to the liability to pay compensation in accordance with this Part of this Act, enter upon the land in or under which there are such State mines and minerals or in respect of which such exclusive State mining right is exercisable, and the right of entry conferred by this section is in this Part of this Act referred to as the right of entry.

13 Right of entry and experimenting by Minister.

13.—(1) For the purpose of ascertaining the value of any State mines and minerals or of any exclusive State mining right, the Minister may, subject to the liability to pay compensation in accordance with this Part of this Act and after having given to the occupier of the land in or under which there are such State mines and minerals or in respect of which such exclusive State mining right is exercisable at least one month's notice in writing by registered letter addressed to him at his last known place of abode, enter upon such land and make such experiments (including borings) as in his opinion appear necessary or desirable, and the right conferred by this section is in this Act referred to as the right of entry and experimenting.

(2) The Minister may authorise any person in writing to exercise for and on behalf of the Minister in relation to any land in or under which there are any State mines and minerals or in respect of which any exclusive State right of mining is exercisable the right of entry and experimenting, and any person so authorised may in the name and for and on behalf of the Minister exercise such right, and any act done by such person in pursuance of such authority shall for the purposes of this Act (including the foregoing sub-section) be deemed the act of the Minister.

14 Liability to pay compensation for damage.

14.—Whenever any damage is done or occasioned to the surface of any land or any buildings on any land by the exercise of the right of entry, or the right of entry and experimenting or an exclusive State right of mining or by searching for and taking State mines and minerals in or under such land, the person exercising such right or searching for and taking such minerals shall be liable to pay compensation (in this Act referred to as compensation under Part III of this Act) for such damage.

15 Protection of State Lands.

15.—(1) The Minister shall not do any of the following things except after consultation with the Minister for Finance, that is to say:—

(a) make a lease under this Part of this Act of any State mines and minerals in or under land to which the State Lands Act, 1924 (No. 45 of 1924), applies or of any exclusive State mining right exercisable in respect of such land;

(b) exercise or authorise any person to exercise the right of entry and experimenting in respect of such land.

(2) The Minister shall not do any of the following things except after consultation with the Minister for Local Government and Public Health, that is to say:—

(a) make a lease under this Part of this Act of any State mines and minerals in or under land to which the State Lands (Workhouses) Act, 1930 (No. 9 of 1930), applies, or of any exclusive State mining right exercisable in respect of such land;

(b) exercise or authorise any person to exercise the right of entry and experimenting in respect of such land.

(3) The Minister shall not do any of the following things, that is to say:—

(a) make a lease under this Part of this Act of any State mines and minerals in or under land vested in or in the occupation of a Minister head of a Department of State or of any exclusive State mining right exercisable in respect of such land;

(b) exercise or authorise any person to exercise the right of entry and experimenting in respect of such land,

except after consultation with such Minister.

16 Returns by lessees.

16.—(1) Every person to whom a lease is granted under this Part of this Act shall furnish to the Minister in the prescribed form within twenty-eight days after being required by the Minister so to do, such information as the Minister may require in relation to the minerals the subject of such lease and the working of such minerals.

(2) If any person on being required under this section by the Minister to furnish to him any information fails or refuses to furnish such information or furnishes information which is false or misleading in any material respect or otherwise makes default in complying with 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 ten pounds and in the case of a continuing offence a further fine not exceeding ten pounds for every day during which the offence is continued.

17 Reports by the Minister.

17.—(1) The Minister shall, as soon as may be, after every 30th day of June and every 31st day of December, after the passing of this Act lay on the table of each House of the Oireachtas a report containing particulars of every lease for a term exceeding two years actually made under this Part of this Act during the six months ending on such 30th day of June and 31st day of December respectively.