Minerals Development Act , 1940

PART I. Preliminary.

1 Short title.

1.—This Act may be cited as the Minerals Development Act, 1940.

2 Definitions.

2.—In this Act—

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

the expression “the Land Commission” means the Irish Land Commission;

the expression “the Act of 1931” means the Mines and Minerals Act, 1931 (No. 54 of 1931);

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

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

the expression “royalty rent” means a rent calculated by reference to the quantity, price, or value of minerals gotten;

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

the word “working”, when used in relation to minerals, includes digging, searching for, mining, getting, raising, taking, carrying away, treating, and converting such minerals, and cognate words shall be construed accordingly;

the expression “exclusive mining right” means a right of working minerals vested in any person exclusive of any other person;

the expression “scheduled mineral” means any substance mentioned in the Schedule to this Act;

the expression “mineral compound” means any substance formed by the chemical combination of one scheduled mineral with any other such mineral;

the expression “mineral substance” means any substance of a similar nature to any scheduled mineral;

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

3 “Minerals”.

3.—In this Act (save where the context otherwise requires) the word “minerals” means all substances (other than the agricultural surface of the ground and other than turf or peat) in, on, or under land, whether obtainable by underground or by surface working, and includes all mines, whether they are or are not already opened or in work, and also includes the cubic space occupied or formerly occupied by minerals, and, for greater certainty but without prejudice to the generality of the foregoing, the said word includes all scheduled minerals.

4 State mining rights under the Land Purchase Acts.

4.—(1) Every State mining right to which this section applies shall include and be deemed always to have included a right to work scheduled minerals, mineral compounds, and mineral sub-stances within the meaning of this Act, and in this Act, the word “minerals”, when used in relation to any such State mining right, shall be construed accordingly.

(2) In this section, the expression “State mining right to which this section applies” means any such exclusive right of mining and taking minerals, and digging and searching for minerals as is mentioned in sub-section (3) of section 13 of the Irish Land Act, 1903, or in sub-section (5) of section 45 of the Land Act, 1923 (No. 42 of 1923), which is, at the passing of this Act, or becomes, after such passing, vested in the State, either by virtue of the said sub-section (3), as amended by section 2 of the Act of 1931 and adapted in consequence of the enactment of the Constitution, or by virtue of the said sub-section (5) as so adapted.

(3) Notwithstanding the repeal by this Act of the Act of 1931, 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 State mining rights to which this section applies),

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

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

shall continue to apply to any letting, lease, sale or demise of any State mining right to which this section applies made by the Land Commission before the passing of the Act of 1931.

5 “State minerals”.

5.—The following minerals and exclusive mining rights shall be State minerals for the purposes of this Act and the expression “State minerals” shall in this Act be construed accordingly, that is to say:—

(a) any minerals and any exclusive mining right which, at the date of the passing of this Act, belong to or are the property of the State or the People, and are vested (subject to any lease granted under the Act of 1931) in the State or in any Minister of State;

(b) any minerals and any exclusive mining right which, on or after the passing of this Act become, by any means, the property of or vested in the State or the People or become vested in a Minister of State, as on and from the date upon which they become such property or become so vested;

(c) without prejudice to the generality of the next preceding paragraph of this section, any minerals or any exclusive mining right which become vested in the Minister by virtue of a minerals acquisition order for the time being in force made under the provisions of Part III of this Act, for so long as such minerals or such exclusive right shall be so vested;

(d) notwithstanding anything contained in the Foreshore Act, 1933 (No. 12 of 1933), and without prejudice to the generality of paragraphs (a) and (b) of this section, any minerals lying on or under foreshore belonging to the State within the meaning of that Act, as adapted in consequence of the enactment of the Constitution;

(e) without prejudice to the generality of paragraph (a) and (b) of this section, all mines of gold and silver.

6 “Ancillary rights”.

6.—The following rights shall be ancillary rights for the purposes of this Act, and, in this Act, the expression “ancillary rights” shall be construed accordingly, that is to say:—

(a) a right to let down the surface including a right to let down superincumbent or adjacent strata up to and including the surface;

(b) a right of air-way, shaft-way, or surface or underground way-leave, or other right for the purpose of access to or conveyance of minerals or machinery or the ventilation or drainage or working of mines;

(c) a right to construct, operate and maintain roads and railways for the conveyance of minerals from any mine to any existing road or railway system and for that purpose to use and occupy land and to exercise any right in or over land or water or in or over any public road;

(d) a right to use and occupy the surface of land for the erection of crushing and dressing mills, washeries, coke ovens, railways, aerial rope ways, aerial tramways, by-product works or brick making or other works, or for dwellings for persons employed in connection with the working of minerals or with any such works as aforesaid;

(e) a right to a supply of water or other substances in connection with the working of minerals;

(f) a right to dispose in a particular manner of water or other liquid matter obtained from mines or any byproduct works;

(g) a right to dispose in a particular manner of waste products obtained in connection with the working of minerals;

(h) a right to dam or divert any river, or watercourse, including an artificial watercourse;

(i) a right to divert sewers, watermains, and pipes;

(j) a right to divert a public road, street, or way, or a private way, and to substitute for an existing bridge another bridge on a different site;

(k) a right to divert a railway or a tramway;

(l) a right to demolish buildings which impede the proper working of any minerals.

PART II. Right of Entering and Prospecting Unworked Minerals and Grant of Prospecting Licences.

7 Entering and prospecting for minerals.

7.—(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, the Minister may, subject to giving the notice required by this section, do, at his discretion, either of the following things, that is to say:—

(a) enter upon such land and there do all such things as are in his opinion necessary or desirable for the purpose of ascertaining the character, extent, or value of such minerals and, in particular make borings, sink pits, remove water from old workings, and take and remove reasonable quantities of such minerals for analysis, test, trial, or experiment;

(b) grant to any person, in accordance with this Part of this Act, such licence (in this Act referred to as a prospecting licence) in respect of such minerals as is authorised by this Part of this Act.

(2) The Minister shall not exercise, in respect of any land, either the right conferred on him by paragraph (a) of the foregoing sub-section of this section or the power conferred on him by paragraph (b) of that sub-section before the expiration of one month after he has served on the occupier of such land notice of his intention to exercise such right or such power, as the case may be.

(3) The notice mentioned in the next preceding sub-section of this section may be served by registered post and, when so served, may be addressed to the occupier by name at either his last-known place of abode or at the land to which the notice relates.

(4) The Minister shall not enter on any land under paragraph (a) of the first sub-section of this section, or do on such land any of the things authorised by that paragraph without the consent of the Minister for Finance.

(5) The right conferred on the Minister by paragraph (a) of the first sub-section of this section is in this Act referred to as the right of entering and prospecting.

8 Prospecting licences.

8.—(1) Every prospecting licence shall be granted upon such terms and conditions as the Minister thinks proper and specifies in such licence.

(2) On the granting of a prospecting licence, the licensee shall pay to the Minister such consideration therefor as the Minister, with the concurrence of the Minister for Finance, may determine.

(3) Every prospecting licence shall be expressed and shall operate to authorise the licensee, during the currency of such period as is specified in such licence and subject to the provisions of this Part of this Act, to enter on such land as may be similarly specified and there do all such things as the licensee considers necessary or desirable for the purpose of ascertaining the character, extent, or value of the minerals lying on or under such land, and in particular, and without prejudice to the generality of the foregoing power, for the purposes aforesaid to make borings, sink pits, remove water from old workings, and take and remove reasonable quantities of any such minerals for the purpose of analysis, test, trial or experiment.

(4) Every prospecting licence shall contain an indemnity clause whereby the licensee under such licence indemnifies the Minister against any claim or demand whatsoever in respect of the land or the minerals the subject of such licence or in any way arising out of the exercise by the licensee of any of the rights conferred on him by such licence.

(5) Every prospecting licence shall contain a clause requiring the licensee thereunder to exercise the rights conferred on him by such licence in such manner as not to interfere unnecessarily with the amenities of the locality in which are situate the land and minerals the subject of such licence.

9 Applications for prospecting licences.

9.—(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 prospecting licences 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 prospecting licences;

(d) requiring every applicant for a prospecting 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;

(e) specifying the terms and conditions to be incorporated in prospecting licences (including the period for which the licence is granted) and the obligations imposed on the licensees thereunder.

(2) Different regulations may be made under this section in respect of particular classes of prospecting licences.

(3) Every application for a prospecting licence shall be made in accordance with such of the regulations made under this section as are applicable to such application.

10 Compensation for damage under Part II.

10.—(1) Whenever damage to the surface of any land is caused, whether directly or indirectly, either—

(a) by the exercise by the Minister under this Part of this Act of his right of entering and prospecting, or

(b) by the exercise by the licensee under a prospecting licence of his rights under such licence,

the Minister or the said licensee (as the case may be) shall be liable to pay compensation (in this Act referred to as compensation for damage under Part II) for such damage.

(2) The amount of compensation for damage under Part II shall, in default of agreement, be determined in accordance with the provisions of Part VII of this Act.

11 Restriction on working minerals by licensees.

11.—(1) It shall not be lawful for any licensee under a prospecting licence to work, sell, or otherwise dispose of any minerals lying on or under the land in respect of which such licence was granted.

(2) Nothing in this section shall prevent the licensee under a prospecting licence taking and removing reasonable quantities of the minerals to which such licence relates for analysis, test, trial, or experiment.

(3) If any licensee under a prospecting licence works, sells, or otherwise disposes of any minerals in contravention of 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 one hundred pounds and, in the case of a continuing offence, to a further fine not exceeding fifty pounds for every day during which the offence is continued.

12 Revocation and termination of prospecting licences.

12.—(1) The Minister may at any time, in his absolute discretion, revoke a prospecting licence.

(2) A prospecting licence shall terminate, if the licensee thereunder is an individual, on his death or bankruptcy or, if such licensee is a body corporate, on its dissolution.

(3) On the revocation or termination of a prospecting licence under this section—

(a) all rights and powers exerciseable by the licensee thereunder shall cease and determine, but without prejudice to any obligation or liability imposed on such licensee by this Act or by such licence;

(b) such licensee shall not be entitled to be repaid any part of the consideration paid by him for the grant of such licence.

13 Undertaking by Minister to grant leases.

13.—(1) On the granting or at any time during the currency of a prospecting licence, the Minister may enter into an undertaking with the licensee under such licence to the effect that if, at any time during the currency or on the expiration of such licence, the Minister is satisfied that the prospecting carried on by such licensee has been successful and that the terms and conditions of such licence have been observed and performed, the Minister will grant to such licensee a State mining lease under Part IV of this Act to take effect from such date, either before or after the expiration of such licence, as may be specified in the State mining lease.

(2) Every such undertaking as is mentioned in the foregoing sub-section of this section shall be in such form as the Minister, with the consent of the Minister for Finance, thinks fit, and may specify the terms and conditions (if any) upon which the State mining lease which is the subject of such undertaking shall be granted.

(3) Whenever the Minister enters into an undertaking to grant a State mining lease under this section, it shall be lawful for the Minister to carry out such undertaking in accordance with the terms thereof.

PART III. Compulsory Acquisition of Unworked Minerals and of Mining Facilities.

14 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.

15 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.