Minerals Development Act 2017

PART 1 Preliminary and General

1. Short title, commencement and collective citation

1. (1) This Act may be cited as the Minerals Development Act 2017.

(2) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions.

(3) This Act and the Minerals Development Act 1979 may be cited together as the Minerals Development Acts 1979 and 2017 and shall be construed together as one Act.

2. Interpretation

2. In this Act—

“Act of 1979” means Minerals Development Act 1979;

“ancillary surface rights” means the rights described in section 102(2);

“ancillary surface rights licence” means a licence granted under section 113(1);

“ancillary underground rights” means the rights described in section 102(1);

“associated company”, in relation to another company, means—

(a) a subsidiary or a holding company (within the meaning given to each respectively by section 7 and section 8 of the Companies Act 2014) of that other company, or

(b) a body corporate that is a subsidiary of the same company of which the other company is a subsidiary;

“company” means—

(a) a body corporate incorporated under the laws of the State, or

(b) an EEA company (within the meaning of Part 21 of the Companies Act 2014);

“competing applications” shall be read in accordance with section 20;

“exclusive mining right” means a right to work minerals that is vested in any person exclusive of any other person;

“extractive waste” means waste resulting from the extraction, treatment and storage of minerals and waste resulting from the operation of quarries of stone, gravel, sand or clay;

“grant”, in relation to a licence, includes the renewal of a licence;

“inspector” means an inspector appointed under section 191;

“land” includes extractive waste in or on land;

“lithological log”, in relation to a borehole, shaft or other excavation, means a description of the geological characteristics of the rock units in which the borehole is drilled, or the shaft is sunk, or such other excavation takes place, derived from an examination of core or chip samples or from the shaft or trench walls;

“local authority” means a local authority for the purposes of the Local Government Act 2001;

“market price” means the amount that would be obtained in a sale in the open market between a willing seller and a willing buyer;

“minerals” means all substances, including scheduled minerals, that occur naturally in or on land, or that occur in extractive waste, and includes, if the substances are worked, the cubic space formerly occupied by those substances but does not include—

(a) topsoil,

(b) turf or peat,

(c) water,

(d) petroleum, or

(e) stone, gravel, sand or clay, other than a type of stone, gravel, sand or clay that is a scheduled mineral;

“mineral waste” means waste resulting from the working of minerals;

“Mining Board” means the Mining Board continued by section 154;

“mining facilities acquisition order” means an order under section 112;

“mining licence” means a licence granted under section 65;

“Minister” means Minister for Communications, Climate Action and Environment;

“petroleum” includes—

(a) any mineral oil or relative hydrocarbon, natural gas or other liquid hydrocarbons or gaseous hydrocarbons and their derivatives or constituent substances, existing in its natural condition in strata (including, without limitation, distillate, condensate, casinghead gasoline and such other substances that are ordinarily produced from oil and gas wells), and

(b) any other mineral substance contained in oil or natural gas brought to the surface with such oil or natural gas in the normal process of extraction,

but does not include coal and bituminous shales and other stratified deposits from which oil can be extracted by distillation;

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

“private land” means land other than State land;

“private minerals” means minerals other than State minerals and excepted minerals and excludes all mines of gold and silver;

“prospecting”, in relation to minerals, means searching for mineral deposits of economic value occurring in or on land and includes carrying out geological, geochemical and geophysical surveys, sampling, bulk sampling, drilling and trenching, but does not include carrying out airborne surveys for minerals within the meaning of section 52(1);

“prospecting licence” means a licence granted, or deemed to be granted, under section 17;

“regulations” means regulations made by the Minister under this Act;

“rehabilitation”, in relation to land that has been affected by prospecting for or working minerals, means the treatment of land in such a way as to restore the land to a satisfactory state, with particular regard to soil quality, wildlife, natural habitats, freshwater systems, landscape and appropriate beneficial uses;

“rehabilitation acquisition order” means an order under section 149;

“retention licence” means a licence granted under section 22;

“scheduled mineral” means any substance referred to in the Schedule;

“specified land”, in relation to a licence or proposed licence, means the area of land to which the licence or proposed licence relates;

“State land” has the same meaning as in the State Property Act 1954;

“State minerals” means—

(a) minerals,

(b) the exclusive right of mining or taking minerals, or

(c) the right to exploit minerals,

that belong to, are the property of, are acquired by or are vested in the State or a Minister of the Government and includes all mines of gold and silver, but does not include an exclusive right of working minerals vested in the Minister under section 12 of the Act of 1979;

“stone, gravel, sand or clay” means any type of stone, gravel, sand or clay commonly extracted for use in construction or for agricultural purposes without further processing other than size reduction, grading or washing or for use in the manufacture of cement or lime;

“surface”, in relation to land, includes any buildings or works erected or constructed on the land and anything growing on the land;

“tax clearance certificate” means a tax clearance certificate under section 1095 of the Taxes Consolidation Act 1997;

“working”, in relation to minerals, has the meaning given to it by section 5.

3. Previous acquisition by, or vesting in, the State of minerals

3. Any acquisition by, or vesting in, the State or a Minister of the Government of minerals, the exclusive right of mining or taking minerals or the right to exploit minerals before this section comes into operation is deemed to always have included—

(a) scheduled minerals, and

(b) any substance that was considered to be a mineral at the time of the acquisition or vesting.

4. State minerals vested in Minister

4. All State minerals are vested in the Minister on behalf of the State.

5. Working minerals

5. (1) Subject to subsections (2) and (3), in this Act “working”, in relation to minerals, means the surface or underground extraction of minerals and includes determining the location and amount, treating, processing and carrying away, of the minerals and the treatment and storage of related mineral waste.

(2) A person who carries out an activity involving extractive waste for the primary purpose of complying with any requirements of—

(a) the Waste Management Acts 1996 to 2011,

(b) the Waste Management (Management of Waste from the Extractive Industries) Regulations 2009 (S.I. No. 566 of 2009), or

(c) any other Act or statutory instrument,

is not, for the purposes of this Act, considered to be working minerals.

(3) The working of minerals does not include the surface extraction of substances for the primary purpose of obtaining stone, gravel, sand or clay and that may include small, non-commercial quantities of minerals.

6. Application of Act

6. This Act applies to all minerals within the State or on or within the seabed and subsoil of—

(a) the territorial seas (within the meaning of the Sea-Fisheries and Maritime Jurisdiction Act 2006), or

(b) any area standing designated for the time being by order under section 2 of the Continental Shelf Act 1968.

7. Existing development consents

7. Nothing in, or granted under, this Act affects—

(a) any requirement to obtain planning permission or an approval, or any planning permission or approval granted, under the Planning and Development Acts 2000 to 2016, or

(b) any requirement to obtain a licence, or any licence granted, under the Environmental Protection Agency Act 1992 or the Waste Management Acts 1996 to 2011.

PART 2 Prospecting

Chapter 1 Minister’s Rights and Duty in Relation to Prospecting

8. Minister’s rights and duty

8. (1) Subject to subsections (2) and (3) and section 195, the Minister may, through his or her officers or agents, prospect for minerals in or on any area of land and for that purpose such officers or agents may enter the land, together with such personnel, equipment and vehicles that the Minister considers necessary to carry out the prospecting.

(2) The Minister may exercise the rights under subsection (1) if—

(a) the Minister is of the opinion that there may be minerals in or on the land concerned,

(b) the minerals are neither excepted minerals nor being prospected for in or on the land concerned under this Act,

(c) none of the land is land specified in a mining licence which is in force in respect of the minerals,

(d) the Minister is of the opinion that prospecting for the minerals is in the public interest, and

(e) the Minister has complied with section 9.

(3) The Minister’s rights to enter and prospect for specific minerals in or on any area of land are subject to the duty to pay compensation under section 51 for any damage or nuisance referred to in that section.

9. Public notice

9. (1) Before prospecting for minerals in or on any area of land, the Minister shall give public notice in accordance with this section that the Minister intends to prospect for the minerals concerned and shall consider any objection that meets the requirements of subsection (3).

(2) The Minister shall, for the purposes of subsection (1)—

(a) deposit in the offices of the Department of Communications, Climate Action and Environment and in one or more places to which members of the public have access that are in the vicinity of the area to be prospected, a map showing the boundaries of that area, and

(b) publish in at least one newspaper circulating in the vicinity of the area to be prospected a notice stating that—

(i) the Minister intends to prospect for certain specified minerals,

(ii) a map showing the boundaries of the area to be prospected may be viewed at the places at which the map has been deposited in accordance with paragraph (a), and

(iii) the public may send written objections that meet the requirements of subsection (3) to the Minister at an address specified in the notice.

(3) The Minister shall consider only those objections that—

(a) are in writing and have been delivered to the address specified in the notice under subsection (2)(b) within 21 days after the date of publication of the notice, and

(b) relate to entering on land or prospecting for minerals and that do not relate to working the minerals or compensation for working the minerals.

(4) If the Minister is required to consider one or more objections in accordance with subsection (3), the Minister shall respond to the objections within 90 days after the date of publication of the notice under subsection (2)(b).

10. Limited right to extract and remove minerals for analysis, etc.

10. (1) The Minister may extract and remove from the land being prospected under section 8—

(a) drill cores and other small quantities of minerals for analysis, test, trial or experiment, and

(b) bulk samples of minerals for analysis, test, trial or experiment including, with the prior approval of the owner, or where the owner cannot be ascertained of the occupier, of the land, bulk samples extracted from the surface.

(2) The Minister may sell private minerals extracted under subsection (1) for the purpose of determining whether or not a market for the particular minerals exists.

11. Compensation in respect of minerals sold under section 10

11. (1) If the Minister—

(a) sells private minerals extracted under section 10, and

(b) after such sale, grants a mining licence in respect of those minerals, in or on the land from which those minerals were extracted,

he or she shall pay compensation in accordance with Chapter 4 of Part 3 as if the minerals sold had been extracted by a licensee under the mining licence.

(2) If there is a dispute over whether compensation is payable in respect of minerals referred to in section 10, the Mining Board, when requested by the Minister or by a person claiming an entitlement to compensation, shall determine the person, if any, entitled to compensation or the compensation payable under this section, as the case may be.

Chapter 2 Statements of Interest

12. Registration

12. (1) A person may apply to the Minister to register a written statement that sets out the person’s interest in prospecting for specified minerals in or on specified land (referred to in this Act as a “statement of interest”).

(2) Subject to subsection (3), the Minister shall register a person’s statement of interest where—

(a) the person submits an application in the prescribed form that specifies the minerals of interest and—

(i) where appropriate, the number designated to the prospecting licence area by the Minister, or

(ii) an ordnance map at an appropriate scale or other suitable map approved by the Minister showing the area of land of interest,

(b) the person submits the prescribed application fee, and

(c) the proposed area of land does not exceed the prescribed limit on the area that may be covered by statements of interest registered in respect of one person.

(3) No statement of interest may be registered—

(a) in respect of land specified in a mining licence or land in relation to which the Minister has received an application for a mining licence that has not been refused,

(b) in respect of minerals in or on the land specified in a prospecting licence or a retention licence which is in force,

(c) in respect of minerals in or on the land specified in an application received by the Minister for a prospecting licence or a retention licence that has not been refused, or

(d) in respect of excepted minerals.

13. Period for which statement of interest remains registered

13. The period for which a statement of interest shall remain registered shall be determined by the Minister subject to the expiration of that period under section 15.

14. Notification to interested party

14. If the Minister receives an application for a prospecting licence in respect of any part of the land specified in a registered statement of interest and of minerals specified in the statement, the Minister shall send a notice to the person whose interest has been registered in accordance with section 12 (in this Chapter referred to as the “interested person”) stating that—

(a) the application has been received, and

(b) the interested person may submit an application for a prospecting licence to the Minister within a period specified in the notice.

15. Expiration of registration after notification

15. If the Minister has sent a notice under section 14 to an interested person and the Minister grants a prospecting licence to the applicant (who is not the interested person), the registration under section 12 of the statement of interest of that interested person expires in respect of the minerals and land specified in the licence.

Chapter 3 Prospecting Licences and Retention Licences

16. Rights and duties under prospecting licence and retention licence

16.The licensee under a prospecting licence or a retention licence has—

(a) the exclusive right to prospect, subject to sections 33(1) and 34(1),for the minerals specified in the licence in or on the specified land,

(b) the right to enter the specified land, together with such personnel, equipment and vehicles that the licensee considers necessary to carry out the prospecting,

(c) the limited right under section 35 to work and sell the minerals, and

(d) the duties imposed by this Act, the regulations and the licence, including the duty to pay compensation under section 51 for any damage or nuisance referred to in that section.

17. Granting prospecting licence

17. (1) Subject to section 20, the Minister shall grant a prospecting licence for specified minerals in or on specified land to an applicant if—

(a) the applicant submits an application in the prescribed form, the prescribed application fee and a current tax clearance certificate,

(b) the Minister is of the opinion that the minerals may be in or on the specified land,

(c) the minerals are neither excepted minerals nor already being prospected for in or on the land concerned under this Act,

(d) the Minister is of the opinion that prospecting for the minerals to be specified in the licence is in the public interest,

(e) none of the specified land is land specified under a mining licence,

(f) the applicant—

(i) submits an exploration programme that the Minister is satisfied is feasible and that, in the opinion of the Minister, is likely to result in the discovery of minerals of economic value within the term of the licence, and

(ii) satisfies the Minister that he or she has, or has available to him or her, the financial resources, technical ability and expertise to carry out the programme,

(g) the applicant is a fit and proper person (as provided for by section 27) to be a licensee,

(h) the applicant provides the prescribed information and evidence and any additional information or evidence required by the Minister,