LegalizeS.I. No. 340/1979 - Minerals Development Regulations, 1979
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
2 amending acts · 1994-10-28, S.I. No. 319/1994 - Minerals Development (Amendment) Regulations, 1994
The Licensee shall at his own expense furnish to the Minister such plans and information as to the progress of operations in the licensed area including details of all occurrences of minerals of potential economic significance as the Minister may from time to time require.
Notification of disputes.
The Licensee shall forthwith inform the Minister in writing of the making of any claim or the commencement of any action, suit, proceeding or arbitration arising out of the exercise or purported exercise of the rights and privileges granted by this Licence, or arising from or attributed to any act or omission of the Licensee or the officers, servants, employees or workmen of the Licensee or contractors or persons in privity with the Licensee and shall furnish to the Minister all the information which the Minister may from time to time require as to any such claim, action, suit, proceeding or arbitration.
Local resident manager.
The Licensee shall, before commencing any operations in the licensed area, furnish to the Minister the name and address of the manager resident in the locality of the licensed area under whose supervision such operations are to be carried on. Any notice which the Minister, or any person authorised by him is, in accordance with the terms of this Licence, required or entitled to serve, upon the Licensee shall be sufficiently served if the same shall be delivered or sent by post to such Manager at such address.
Indemnity against certain claims and demands.
The Licensee shall at all times keep the Minister effectually indemnified against any claim or demand whatsoever in respect of the land or the minerals which are the subject of this Licence or for injury or damage to any person or property or for nuisance or in any way arising out of or attributed to the exercise of any of the rights and privileges conferred on the Licensee by this Licence or attributed to any act or omission of the Licensee or the officers, servants, employees or workmen of the Licensee or contractors or persons in privity with the Licensee whether such claims shall be made against the Licensee or the Minister or the Licensee and the Minister jointly or severally or with others.
Security for compensation.
(1) The Licensee shall pay and discharge all claims for compensation properly made in respect of damage caused by the Licensee or the officers, servants, employees or workmen of the Licensee or contractors or persons in privity with the Licensee to land or minerals or water supplies or in respect of nuisance or in respect of injury to the person, property or stock attributed to the act or omission of the Licensee or the officers, servants, employees or workmen of the Licensee or contractors or persons in privity with the Licensee.
- (2) If the Licensee shall fail to pay and discharge the claims referred to in sub-clause (1) within three months after being put on notice thereof, the Minister shall be entitled to pay compensation and costs to the claimants in settlement or towards and on account of all such claims as are brought to his notice and the Licensee will forthwith repay to the Minister on demand all moneys so paid by the Minister and will recoup and reimburse the Minister in respect of all outlays, expenses and costs incurred by the Minister in treating with, negotiating on, or defending such claims.
- (3) The Minister shall make reasonable inquiry into claims coming to his notice but shall be entitled to make payments as provided by sub-clause (2) notwithstanding that such claims may be made against the Licensee alone or the Minister alone or the Licensee and the Minister jointly and severally, or against them or either of them with others, without being obliged to require formal legal proofs thereof or to secure the concurrence of the Licensee in such payments.
- (4) The provisions under this clause shall not be construed to derogate from or modify the indemnity afforded the Minister by the Licensee as provided by clause II hereof.
Fencing of openings, etc.
The Licensee shall keep all openings, excavations, and underground workings made in exercise of the rights conferred on him by this Licence properly fenced for the protection of man and beast to the satisfaction of the Minister and shall at the expiration or sooner revocation or termination of this Licence leave all such openings, excavations, and underground workings so fenced as aforesaid and also in such condition that subsidence of the surface is guarded against to the satisfaction of the Minister, and, if the Licensee shall fail so to fence or to leave so fenced any such opening, excavation, or underground working or shall fail to leave any such opening, excavation or underground working in such condition as aforesaid, the Minister shall be entitled (as the case may be) to fence such opening, excavation, or underground working to his satisfaction or to take such steps as he thinks proper to guard against such subsidence of the surface and the expenses incurred by the Minister in so doing shall be paid to him on demand by the Licensee.
Assignment of licence.
Without the prior consent, in writing, of the Minister the Licensee shall not assign,or attempt to assign, the rights or any of the rights granted by this Licence to any person or sublicence or part with the possession of any of the rights hereby granted.
Rights of Third Parties.
The Licence hereby granted is not an exclusive licence. The Licensee shall not do anything or cause or permit anything to be done by any person on his behalf which would, or would tend to, obstruct or impede any other person lawfully exercising rights under a prospecting licence duly granted to such person by the Minister.
Rights of access.
Any person or persons authorised by the Minister shall be entitled at all reasonable times to enter into and upon the licensed area and all workings of the Licensee thereon or thereunder for the purpose of verifying that the conditions of the Licence are being complied with.
GIVEN under my Official Seal, this 12th day of October, 1979.
DESMOND O'MALLEY,
Minister for Industry, Commerce and Energy.
The Minister for Finance hereby consents to the foregoing Regulations insofar as they relate to the amount or collection of any fees.
GIVEN under my Official Seal, this 12th day of October, 1979.
SEOIRSE Ó COLLA,
Minister for Finance.
EXPLANATORY NOTE.
These Regulations, which come into operation on the 1st day of November, 1979, and which revoke the Minerals Development Regulations, 1941, essentially prescribe the form and manner in which applications are to be made for:
prospecting licences;
ancillary rights licences;
preservation of support orders;
registration of minerals as excepted minerals;
compensation in respect of the vesting in the Minister of the exclusive right of working minerals under the Act of 1979. They also make provision in relation to the furnishing of information by lessees and licensees of State minerals.
The Regulations also prescribe the terms and conditions that may be incorporated in prospecting licences, and provide for proceedings before the Mining Board and for certain revisions of the miscellaneous fees payable.
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