Legalize / Ireland / Act

Minerals Development Act 2017

Type Act

Publication 2017-07-26

State In force

Source Irish Statute Book

articles 256

Reform history JSON API

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,

(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

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

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,

(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,

(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,

(i) the requirements of section 25 regarding public notice and consideration of objections have been complied with,

(j) the applicant obtains insurance of the classes and in the amounts that are satisfactory to the Minister,

(k) the first instalment of the licence fee, as prescribed by the Minister under section 28, has been paid,

(l) there is no application for a prospecting licence for some, or all, of the specified minerals in or on all, or any part, of the specified land pending determination by the Minister,

(m) either—

(i) no prospecting licence or retention licence is in force in respect of all or any part of the specified land, or

(ii) if either such licence is in force, the licensee has been notified in accordance with section 18, and—

(I) the licensee has not submitted a competing application within the period specified by the Minister under section 18(b), or

(II) the competing application submitted by the licensee does not meet the requirements of paragraphs (a) to (h),

and

(n) no statement of interest has been registered for any of the specified minerals in respect of all or any part of the specified land or, if such a statement of interest has been registered, the requirements of section 14 regarding notification of the interested person have been complied with, and—

(i) the interested person has not submitted a competing application within the period specified by the Minister under section 14(b), or

(ii) the competing application submitted by the interested person does not meet the requirements of paragraphs (a) to (h).

(2) If the Minister is of the opinion that the range of minerals specified by the applicant is excessive having regard to the exploration programme, the Minister may refuse to grant a prospecting licence or may grant a prospecting licence for fewer than all of the minerals specified.

(3) A prospecting licence under the Minerals Development Act 1940 or Part III of the Petroleum and Other Minerals Development Act 1960 that is in force immediately before the commencement of this section is deemed to be a prospecting licence granted under this section.

18. Notice to existing licensees under prospecting and retention licences

18. If the Minister receives an application for a prospecting licence (referred to in this section as the “current application”) over any part of the land specified in a prospecting licence or retention licence (both referred to in this section to as the “existing licence”) for minerals that are different from the minerals specified in the existing licence and is of the opinion that granting a prospecting licence for those minerals in the area or part of the area of the existing licence would not be incompatible with the exploration programme being carried out under that licence, the Minister shall send a notice to each licensee under the existing licence stating that—

(a) the application has been received, and

(b) the licensee may submit an application for a prospecting licence to the Minister, within a period determined by the Minister specified in the notice.

19. Competition for certain licences

19. (1) The Minister may invite applications for a new prospecting licence over land specified in a prospecting licence or retention licence that—

(a) has expired and not been renewed,

(b) has been revoked in accordance with section 43,

(d) has been surrendered in accordance with section 45.

(2) An invitation under subsection (1) shall—

(a) be published in at least one national newspaper,

(b) identify the prospecting licence or retention licence that has expired, been revoked, terminated or been surrendered, and

(c) state that an application for a licence over the land specified in the licence may be submitted to the Minister within a period determined by the Minister specified in the invitation.

20. Competing applications

20. (1) This section applies where competing applications for a prospecting licence exist.

(2) Competing applications for a prospecting licence exist where—

(a) there is more than one application for a prospecting licence and some or all of each such application relates to some or all of the same minerals in or on any part of the same land,

(b) more than one application has been submitted in time, that is to say—

(i) in the case of an application by a licensee under a prospecting licence or a retention licence referred to in section 18, the licensee has submitted the application within the specified period determined by the Minister under section 18(b),

(ii) in the case of an application in response to an invitation by the Minister under section 19, the applicant has submitted the application within the specified period determined by the Minister under section 19(2)(c), and

(iii) in the case of an application by a person who has registered a statement of interest, the person has submitted the application within the specified period determined by the Minister under section 14(b),

and

(3) The Minister shall grant the prospecting licence under section 17 to the applicant who has, in the opinion of the Minister, the best application having regard to—

(a) the relative likelihood that the applicant’s proposed exploration programme will result in the discovery of minerals of economic value within the shortest period of time,

(b) the relative likelihood that an applicant will carry out the proposed exploration programme,

(d) any other prescribed factor.

21. Renewing prospecting licence

21. The Minister shall grant a renewal of a prospecting licence to the licensee in respect of the minerals and land specified in the prospecting licence if—

(a) the licensee submits, before the end of the term of the current licence, 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,

(d) 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 period for which the licence is renewed, and

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

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

(f) the licensee has complied with the conditions of the licence to be renewed and has not breached a provision of this Act or the regulations or a condition of any other prospecting licence, retention licence, mining licence or ancillary surface rights licence held by the licensee,

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

(h) the requirements of section 25 regarding public notice and consideration of objections have been complied with,

(i) the applicant obtains insurance of the classes and in the amounts that are satisfactory to the Minister, and

(j) the first instalment of the licence fee, as determined by the Minister, has been paid.

22. Retention licence

22. (1) Where a licensee under a prospecting licence has discovered minerals in or on the specified land, the Minister shall, subject to subsection (2), grant a licence (in this Act referred to as a “retention licence”) to the licensee to continue to prospect, subject to a reduction or elimination of the requirements relating to the exploration programme and financial expenditure if—

(a) the licensee submits, before the end of the term of the prospecting licence, an application in the prescribed form, the prescribed application fee and a current tax clearance certificate,

(b) the licensee has held the prospecting licence for the prescribed period,

(c) the Minister is satisfied that the licensee at the time of making the application has discovered minerals in or on the specified land, and is also satisfied that—

(i) it is not economically feasible to work the minerals, although it is reasonable to expect that working the minerals will become economically feasible in the future, or

(ii) there are environmental, access or other difficulties that prevent the minerals from being worked for the time being,

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

(e) the applicant satisfies the Minister that—

(i) a reduced exploration programme is appropriate and that the applicant has, or has available to him or her, the financial resources and technical ability to carry out the programme, or

(ii) no exploration programme is required in the circumstances,

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

(g) the licensee has complied with the conditions of the prospecting licence and has not breached a provision of this Act or the regulations or a condition of any other prospecting licence, retention licence, mining licence or ancillary surface rights licence held by the licensee,

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

(i) the requirements of section 25 regarding public notice and consideration of objections have been complied with,

(j) the applicant obtains insurance of the classes and in the amounts that are satisfactory to the Minister, and

(k) the first instalment of the licence fee, as determined by the Minister, has been paid.

(2) A retention licence may be granted in respect of some or all of the minerals for which the prospecting licence was granted and may include additional minerals, other than excepted minerals.

(3) A retention licence applies to the land in or on which the minerals are located and any other land that may be required for future mining operations as specified in the retention licence.

23. Renewing retention licence

23. The Minister shall grant a renewal of a retention licence to the licensee in respect of the minerals and land specified in the retention licence if—

(a) the licensee submits, before the end of the term of the current licence, an application in the prescribed form, the prescribed application fee and a current tax clearance certificate,

(b) the Minister is satisfied that at the time of making the application—

(i) it is still not economically feasible to work the minerals, although it is reasonable to expect that working the minerals will become economically feasible in the future, or

(ii) there are still environmental, access or other difficulties that prevent the minerals from being worked for the time being,

(d) the applicant satisfies the Minister that—

(i) a reduced exploration programme is appropriate and that the applicant has, or has available to him or her, the financial resources and technical ability to carry out the programme, or

(ii) no exploration programme is required in the circumstances,

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

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

(h) the requirements of section 25 regarding public notice and consideration of objections have been complied with,

(i) the applicant obtains insurance of the classes and in the amounts that are satisfactory to the Minister, and

(j) the first instalment of the licence fee, as determined by the Minister, has been paid.

24. Refusal to grant prospecting licence or retention licence before public notice

24. (1) If the Minister determines, before giving public notice under section 25, that—

(a) any of the requirements of paragraphs (a) to (h) and paragraphs (l) and (m) of section 17(1) have not been met in respect of an application to grant a prospecting licence,

(b) any of the requirements of paragraphs (a) to (g) of section 21 have not been met in respect of an application to renew a prospecting licence,

(c) any of the requirements of paragraphs (a) to (h) of section 22(1) have not been met in respect of an application to grant a retention licence, or

(d) any of the requirements of paragraphs (a) to (g) of section 23 have not been met in the case of an application to renew a retention licence,

then the Minister shall notify the applicant—

(i) of the requirements (if any) that have not been met,

(ii) that the applicant may submit written representations to the Minister within 30 days after the date on which the notice was sent.

(2) If, after considering any written representations that have been submitted to the Minster under subsection (1)(ii), the Minister still considers that any requirements have not been met then the Minister shall send to the applicant a notice of refusal with reasons.

(3) If, in the case of competing applications for a prospecting licence, the Minister determines that an application is not, in his or her opinion, the best application based on factors set out in section 20(3), the Minister shall send to the applicant a notice of refusal with reasons.

(4) If the Minister sends an applicant a notice of refusal, the Minister shall not grant a prospecting licence to the applicant unless a new application is submitted.

25. Public notice before granting or renewing prospecting licence or retention licence

25. (1) Before granting or renewing a prospecting licence or a retention licence the Minister shall give public notice in accordance with this section that the Minister intends to grant or renew the licence, as the case may be, 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 of the proposed licence a map showing the boundaries of the area, and

(b) publish in at least one newspaper circulating in the vicinity of the area of the proposed licence a notice indicating the type of licence the Minister intends to grant or renew, as the case may be, and stating that—

(i) the Minister intends to grant or renew the licence, as the case may be, for specified minerals to the specified applicant,

(ii) a map showing the boundaries of the area of the licence proposed to be granted or renewed, as the case may be, 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 within 21 days after the date of publication of the notice required under subsection (2), 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 decide whether to grant the licence within 90 days after the date of publication of the notice required under subsection (2).

26. Refusal to grant prospecting licence or retention licence after public notice

26. (1) If the Minister decides to refuse to grant or renew a prospecting licence or a retention licence after giving public notice under section 25, the Minister shall notify the applicant of the requirements specified in section 24(1) that have not been met and provide the applicant with an opportunity to submit written representations within 30 days after the date on which the notice was sent.

(2) If, after considering any written representations that have been submitted to the Minister under subsection (1), the Minister still considers that any requirements have not been met, the Minister shall send to the applicant a notice of refusal with reasons.

(3) If the Minister sends an applicant a notice of refusal, the Minister shall not grant a prospecting licence or retention licence to the applicant unless a new application is submitted.

27. Fit and proper person

27. The Minister shall consider the following in determining whether an applicant is a fit and proper person to be a licensee under a prospecting licence or a retention licence:

(a) letters of reference;

(b) whether the applicant or, in the case of a body corporate that is an applicant, any of its associated companies or any of the directors, officers or key employees of that body corporate or of those companies, has been convicted of an offence under the laws of the State or elsewhere that would raise doubt about the applicant complying with this Act and regulations made under it;

(c) in the case of a body corporate, whether any of its directors has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or is subject or is deemed to be subject to—

(i) a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, whether by virtue of that Chapter or any other provision of that Act, or

(ii) a disqualification outside the State to like effect which corresponds to a disqualification order within the meaning of Chapter 4 of Part 14 of that Act;

(d) whether the applicant, in the case of an individual, is adjudicated bankrupt or is subject to proceedings for a declaration of bankruptcy or becomes an arranging debtor or, in the case of a body corporate—

(i) has commenced a voluntary winding-up or is subject to a winding-up order or is subject to proceedings for such an order,

(ii) is subject to the appointment of a receiver or examiner, or

(iii) has proposed a compromise or arrangement that is sanctioned under section 453(2) of the Companies Act 2014 or 201(3) of the Companies Act 1963;

(e) the previous performance in prospecting for or working minerals in the State or developing other natural resources in the State or elsewhere by the applicant or, in the case of a body corporate that is the applicant, any of its associated companies or any of the directors, officers or key employees of that body corporate or of those companies;

(f) in the case of a body incorporated under the laws of another state, whether any event which corresponds to an event referred to in paragraph (c) has occurred in relation to its directors or whether to any event referred to in paragraph (d) has occurred in relation to that body corporate;

(g) such other matters as the Minister considers appropriate to take into account in the circumstances.

28. Licence fee for prospecting licence or retention licence

28. (1) The Minister, with the prior consent of the Minister for Public Expenditure and Reform, shall prescribe the licence fee for granting or renewing a prospecting licence or a retention licence and the schedule for paying that fee in instalments.

(2) The licence fee may be different for different types of licences, for different types of minerals and for different areas to be prospected.

(3) The Minister, when determining the amount of the licence fee, shall have regard to the following factors:

(a) the costs associated with administering this Part;

(b) the fee charged for similar licences in other jurisdictions;

(4) Every prospecting licence and retention licence is subject to the condition that the licensee shall pay the licence fee in accordance with the payment schedule prescribed by the Minister under subsection (1).

29. Reducing or adding to land specified in application

29. (1) The Minister may, for any of the following purposes, grant a prospecting licence or a retention licence in which the land specified is less than the land specified in the application for the licence:

(a) to promote good prospecting practices;

(b) to protect national parks and monuments and environmentally sensitive areas;

(d) to avoid land used for military purposes;

(e) to avoid urban or built up areas;

(f) to have the boundaries of the land specified correspond with landmarks or well-known existing boundaries.

(2) The Minister may, for any of the following purposes, grant a prospecting licence or retention licence in which the land specified is more than the land specified in the application for the licence:

(a) to promote good prospecting practices;

(b) to have the boundaries of the land specified correspond with landmarks or well known existing boundaries;

30. Term of licences

30. Subject to any maximum period provided for under section 31, the term of a prospecting licence or a retention licence shall be determined by the Minister.

31. Regulations in respect of grant of licence

31. (1) The Minister may make regulations regarding the granting or renewal of prospecting licences and retention licences, including the following matters:

(a) the manner of making an application;

(b) the period that a licensee has to hold a prospecting licence before being eligible for a retention licence.

(2) The regulations may differentiate according to the type of prospecting licence or retention licences or minerals involved.

32. Regulations relating to conditions of prospecting licences and retention licences

32. (1) The Minister may make regulations setting out conditions to which a prospecting licence or a retention licence is subject (which are in addition to those set out in this Act) regarding any of the following matters:

(a) exploration programme and expenditure requirements, including the carry-over and combination of expenditures if more than one licence is held;

(b) good prospecting practice, including—

(i) the protection of groundwater and the integrity of aquifers,

(ii) waste management, and

(iii) the rehabilitation of the land;

(d) compliance with other legislation;

(e) notification to the Minister of claims or disputes;

(f) insurance;

(g) safety of persons and animals;

(h) compensation payable under section 51;

(i) appointment of a resident manager and his or her functions and the necessary qualifications of persons employed by the licensee;

(j) rights of other licensees or the Minister to prospect;

(k) compliance with the Minister’s instructions;

(l) return of licences to the Minister;

(m) such other matters as are ancillary or consequential to paragraphs (a) to (l).

(2) Regulations made under this section apply to prospecting licences and retention licences granted after the regulations come into operation.

33. Boreholes and shafts

33. (1) Notwithstanding section 210, every prospecting licence and retention licence is subject to the condition that the licensee may not drill a borehole or sink a shaft below the surface of the specified land unless the prior written consent of the Minister has been obtained.

(2) Every prospecting licence and retention licence is subject to the condition that the licensee—

(a) shall keep and maintain, in respect of every borehole drilled or shaft sunk, a lithological log and a record of the borehole or shaft’s diameter, depth, direction, inclination and location and such other information as may be prescribed, and

(b) may not discard a drill core or other specimens obtained from a borehole or shaft unless the prior written consent of the Minister has been obtained.

(3) After receiving a request for a consent under subsection (2)(b) the Minister may, at the Minister’s expense, take all or part of the drill core or specimens to be discarded.

(4) An inspector may at all reasonable times do all or any of the following in respect of a borehole or shaft referred to in subsection (1):

(a) inspect the site of the borehole or shaft;

(b) inspect specimens obtained from the borehole or shaft within the term of the licence;

(d) review and take copies of the lithological log kept in respect of the borehole or shaft.

(5) Any person who fails to comply with the obligations imposed by this section commits an offence and is liable on summary conviction to a class A fine.

34. Trenching, excavations and bulk sampling

34. (1) Every prospecting licence and retention licence is subject to the condition that the licensee may not carry on the following activities unless the prior written consent of the Minister has been obtained:

(a) trenching or excavating, including excavating pits, adits and shafts;

(b) reopening or re-entering existing excavations, including adits and shafts;

(2) When deciding whether or not to give consent the Minister shall have regard to whether or not the licensee has a programme to carry out the proposed work and for the rehabilitation of the land that the Minister is satisfied is adequate and feasible.

(3) The Minister may impose conditions on the consent relating to the efficient carrying out of the activity and the proper rehabilitation of the land and these conditions are conditions of the prospecting licence or retention licence as the case may be.

(4) Any person who fails to comply with the obligations imposed by subsection (1) commits an offence and is liable on summary conviction to a class A fine.

35. Limited right under prospecting licence to extract and remove minerals

35. (1) The licensee under a prospecting licence or a retention licence may extract and remove from the land specified in the licence—

(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 with the prior written consent of the Minister and, in the case of bulk samples being extracted from the surface of the land, the owner, or where the owner cannot be ascertained the occupier, of the land.

(2) The licensee under a prospecting licence or a retention licence may, with the prior written consent of the Minister, sell minerals referred to in subsection (1) for the purpose of determining whether or not a market for the particular minerals exists.

(3) A licensee who sells minerals extracted under subsection (1) shall ensure that the proceeds of the sale are paid into the Exchequer in such manner as the Minister for Public Expenditure and Reform directs.

(4) Every licensee under a prospecting licence or a retention licence who sells or otherwise transfers the ownership of minerals referred to in subsection (1) without obtaining the prior written consent of the Minister commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

(5) Every prospecting licence and retention licence is subject to the condition that a licensee who disposes of material resulting from the activities referred to in subsection (1), shall do so in a manner allowed by law and, in the case of the discarding of drill cores, subject to section 33.

36. Compensation in respect of minerals worked under section 35

36. (1) If—

(a) a licensee under a prospecting licence or a retention licence sells private minerals extracted under section 35, and

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

the Minister 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 35 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.

37. Reports by licensees

37. (1) Every prospecting licence and retention licence is subject to the condition that the licensee shall report to the Minister all prospecting carried out under the licence, and all data and results obtained, in accordance with regulations made under this section.

(2) The Minister may prescribe the form, timing, and contents of reports to be made under this section.

(3) A licensee under a prospecting licence or a retention licence commits an offence if he or she—

(a) fails to report to the Minister in accordance with this section, or

(b) furnishes the information in a report knowing it to be false or misleading in a material particular.

(4) A person who commits an offence under subsection (3) is liable on summary conviction to a class A fine.

38. Confidentiality of reports

38. (1) The Minister shall keep the reports that a licensee submits to the Minister under section 37 and their contents confidential—

(a) until the expiration of the prescribed period, unless the licensee agrees that the reports may be made public earlier, either in whole or in part,

(b) until the licence expires or ceases to have effect by revocation, surrender or otherwise,

whichever last occurs.

(2) The Minister may, on the application of the licensee and on reasonable grounds, extend the period that the reports and their contents are to remain confidential.

(3) After the period of confidentiality ends or the licensee agrees that the reports may be made public, the reports and their contents may be—

(a) disclosed to the public on request and on payment of reasonable administrative costs determined by the Minister, or

(b) made available to the public free of charge.

(4) For the purposes of this section, a retention licence granted under section 22 shall be deemed to be the same licence as the prospecting licence to which it relates.

39. Indemnifying the Minister and State

39. (1) Every prospecting licence and retention licence is subject to the condition that the licensee shall indemnify the Minister and the State against any claim or demand arising out of any act or omission of the licensee or the licensee’s officers, employees, agents or contractors in relation to the licence.

(2) Without prejudice to the generality of subsection (1), the indemnity shall include all claims for damage—

(a) to land, including minerals, houses, buildings, growing crops and livestock, and

(b) to other property, equipment and machinery on the land,

and claims arising from personal injuries or death suffered by the officers, employees, agents or contractors of a licensee, landowners or any other person.

40. Environmental practices

40. (1) The Minister may prepare and publish directives (in this section referred to as “environmental practices directives”) directing compliance with practices which in the Minister’s opinion are necessary or desirable to protect the environment when prospecting for minerals.

(2) Environmental practices directives may incorporate by reference guidelines, codes or similar documents, as amended from time to time, that contain practices that are necessary or desirable to protect the environment.

(3) Every prospecting licence and retention licence is subject to the condition that the licensee shall prospect for minerals in compliance with the environmental practice directives.

(4) The Minister shall review the environmental practice directives under this section at a minimum every 5 years.

41. Assignment of licensees’ rights and duties under prospecting licence or retention licence

41. (1) A licensee under a prospecting licence or a retention licence may, with the prior written consent of the Minister, assign all or a percentage of all the licensee’s rights and duties under the licence to—

(a) an associated company, or

(b) a company or a body incorporated under the laws of another state with which the licensee has a joint venture agreement referred to in section 42(1).

(2) If a licensee under a prospecting licence or a retention licence purports to assign all or a percentage of all of the rights under the licence without the prior written consent of the Minister, the licence expires on the day that the assignment would, but for this subsection, have effect.

(3) The Minister shall consent to a proposed assignment if—

(a) the Minister is provided with the prescribed information and any other information that the Minister may require the licensee or proposed assignee to provide,

(b) the licensee is in compliance with the conditions of the licence,

(c) in the case of an assignment of a prospecting licence or a retention licence made to comply with the obligations under a joint venture agreement referred to in section 42(1), the expenditure requirements for the first 2 years of the term of licence have been satisfied,

(d) the proposed assignee is a fit and proper person (as provided for by section 27) to be a licensee,

(e) the proposed assignee obtains insurance of the classes and in the amounts that are satisfactory to the Minister, and

(f) the proposed instrument of assignment is satisfactory to the Minister.

(4) On the assignment of all of a licensee’s rights and duties under a prospecting licence or a retention licence that has been consented to by the Minister—

(a) the assignee has all of the rights and duties of a licensee under that licence and is responsible for the acts or omissions of the assignor under the licence that occurred before the assignment took effect, and

(b) the assignor is no longer responsible to third parties or to the Minister for anything done or omitted to be done under the licence, but nothing in this paragraph prevents the assignee from obtaining an indemnity from the assignor in respect of those acts or omissions.

(5) On the assignment of a percentage of all of a licensee’s rights and duties under a prospecting licence or a retention licence that has been consented to by the Minister, the assignee has all of the rights and duties of a licensee under that licence and is responsible for the acts or omissions of the assignor under the licence that occurred before or after the assignment takes effect, but nothing in this section prevents the assignee from obtaining an indemnity from the assignor in respect of those acts or omissions.

42. Joint ventures

42. (1) In this section “joint venture agreement” means a joint venture agreement between a licensee under a prospecting licence or a retention licence and one or more companies, or other bodies incorporated under the laws of another state in which—

(a) the other parties to the joint venture agree to provide funding, technical expertise or any other thing that will enable the licensee to meet the obligations under the licence, and

(b) the licensee may, at a determinable point in the future, have the obligation to assign a percentage of all of the rights and duties under the licence to the other parties.

(2) Every prospecting licence and retention licence is subject to the condition that the licensee shall not enter into a joint venture agreement unless—

(a) at least 10 days before entering into the agreement, the licensee notifies the Minister and provides the Minister with a copy of the draft agreement, and

(b) on entering into the agreement, the licensee notifies the Minister and provides the Minister with a copy of the agreement within 10 days after it comes into effect.

43. Suspension and revocation of licences

43. (1) The Minister may suspend the operation of a prospecting licence or a retention licence for any of the following reasons:

(a) the licensee has breached a provision of this Act or the regulations or a condition of the licence or of any other prospecting licence, retention licence, mining licence, or ancillary surface rights licence held by the licensee;

(b) the licensee is no longer a person who is a fit and proper person (as provided for by section 27) to be a licensee;

(c) the licensee has agreed to pay compensation in respect of a liability under section 51 and has not paid the compensation in accordance with the agreement;

(d) the licensee has been directed to pay compensation in a decision of the Mining Board under this Act and the compensation has not been paid within a reasonable time.

(2) The Minister shall notify every licensee the operation of whose licence has been suspended—

(a) of the grounds on which the suspension is based, and

(b) that unless the licensee satisfies the Minister that the grounds for the suspension are not well founded or that the problem underlying the suspension has been or will be remedied to the satisfaction of the Minister, the licence will be revoked by a date specified in the notice.

(3) The Minister shall provide the licensee with an opportunity to make submissions and to present evidence before the specified date.

(4) If a licensee has satisfied the Minister that the grounds for the suspension are not well founded or that the problem underlying the suspension has been or will be remedied within a period acceptable to the Minister, the Minister shall terminate the suspension of the operation of the licence.

(5) If a licensee has not satisfied the Minister—

(a) that the grounds for the suspension are not well founded, or

(b) that the problem underlying the suspension has been or will be remedied within a period acceptable to the Minister,

then the Minister shall revoke the licence.

(6) The Minister shall notify the licensee of his or her decision under subsection (4) or (5) and the date that the termination of the suspension or the revocation of the licence is effective.

44. Termination of licences

44. Every prospecting licence and retention licence terminates when—

(a) in the case of a licensee that is a body corporate—

(i) the licensee commences a voluntary winding-up or becomes subject to a winding-up order,

(ii) a receiver or examiner is appointed to the licensee,

(iii) the licensee proposes a compromise or arrangement that is sanctioned under section 453(2) of the Companies Act 2014 or section 201(3) of the Companies Act 1963, or

(iv) where the body is incorporated under the laws of another state, on the commencement of any event which corresponds to an event referred to in subparagraph (i), (ii) or (iii),

and

(b) in the case of a licensee that is an individual, the licensee dies, is adjudicated bankrupt or becomes an arranging debtor.

45. Surrender of licences

45. (1) Every prospecting licence and retention licence is subject to the condition that the licensee may not surrender the licence concerned without the prior written approval of the Minister.

(2) The Minister shall approve the surrender of a licence if—

(a) the licensee submits an application in the prescribed form,

(b) the applicant provides the prescribed information and any additional information required by the Minister,

(c) the licensee satisfies the Minister that there are no outstanding rehabilitation or environmental issues in relation to the land that is subject to the licence,

(d) the disposal of any drill cores and other material produced through the prospecting has been carried out to the satisfaction of the Minister, and

(e) the licensee has—

(i) complied with the condition to submit reports on the prospecting it has conducted, and

(ii) submitted a report setting out the status of its exploration programme as close as is practicable to the date of the proposed surrender.

46. Effect of suspension

46. On the suspension of the operation of a prospecting licence or a retention licence—

(a) all rights and powers exercisable by a licensee under the licence are suspended, and

(b) all of the licensee’s duties under this Act, the regulations and the licence, continue to apply to the licensee.

47. Effect of revocation, expiration, termination and surrender

47. On the revocation, expiration, termination or surrender of a prospecting licence or a retention licence—

(a) all rights and powers exercisable by a licensee under the licence end,

(b) the conditions specified in the licence for the purposes of this section continue to apply to the former licensees,

(d) the former licensee is not entitled—

(i) to a refund of any fee that has been paid, or

(ii) to compensation in respect of any expenditure that the former licensee may have incurred as part of the licensee’s exploration programme.

Chapter 4 Public Interest and Prospecting for Minerals

48. Public interest and prospecting for minerals

48. Without prejudice to the Minister’s discretion to consider other factors, the Minister shall consider the following factors in assessing the public interest with respect to prospecting for minerals by the Minister or an applicant for a prospecting licence or retention licence or a renewal thereof:

(a) the economic benefit to the region in which the area to be prospected is located and to the State;

(b) the environmental impact of the proposed exploration programme;

Chapter 5 Liability

49. Joint and several liability

49. If a prospecting licence or a retention licence is granted to two or more persons, any duty or liability imposed on a licensee by this Act, the regulations or the licence, applies to each licensee and their liability is joint and several.

50. Damage caused by previous prospecting activities

50. (1) In this section—

“former licence” means a prospecting licence or a retention licence that is no longer in force that was granted under this Act, the Minerals Development Act 1940 or Part III of the Petroleum and Other Minerals Development Act 1960;

“subsequent licence” means a prospecting licence or a retention licence granted under this Act that applies to some or all of the specified land described in a former licence or to some or all of the land that has been previously prospected by the Minister.

(2) A licensee under a subsequent licence is not liable for damage caused by a licensee under a former licence unless the subsequent licence is the renewal of the former licence or is a retention licence on which the former licence is based.

(3) A licensee under a subsequent licence is not liable for damage caused by prospecting activities previously carried out by the Minister.

(4) If the Minister prospects for minerals over certain land, the Minister is not liable for damage caused by a licensee under a former licence that applied to some or all of that land.

51. Liability for damage or nuisance caused by prospecting

51. (1) If damage to the surface of any land, to minerals or to water supplies or a nuisance is caused, directly or indirectly—

(a) by the exercise of the Minister of the right of entering and prospecting as provided for under section 8, or

(b) by the exercise of a licensee under a prospecting licence or a retention licence of a right under the licence,

the Minister or the licensee, as the case may be, is liable to pay compensation for the damage or nuisance.

(2) The reference to damage to minerals in subsection (1) does not include damage to minerals being prospected for by the Minister or licensee if the damage was caused by an act or omission of the Minister or licensee that was authorised under this Act.

(3) Except where subsection (2) applies, the fact that the damage or nuisance was caused by an act or omission that was authorised under this Act is not a defence to a claim under subsection (1).

(4) If the parties cannot agree on whether the damage or nuisance was caused by the Minister or the licensee or on the amount of compensation for the damage or nuisance, the Mining Board shall determine the matter.

(5) A right to compensation under subsection (1) is extinguished unless an application to determine the matter is made to the Mining Board within the limitation period determined in accordance with the provisions of the Statutes of Limitations that is applicable to actions based on tort.

(6) If the damage or nuisance occurs on State land and is caused by the licensee under a prospecting licence or a retention licence, the compensation shall be paid to the Minister, but the Minister shall not enter into any agreement fixing the amount of the compensation without the prior consent of the Minister for Public Expenditure and Reform.

Chapter 6 Airborne Surveys

52. Duty to notify Minister and provide data

52. (1) In this section “airborne survey for minerals” means any survey, including a magnetic, electromagnetic, gravity, radiometric or photographic survey conducted for the purpose of searching for minerals from a manned or unmanned aircraft or other thing that can fly or float in the air.

(2) No person may conduct an airborne survey for minerals unless the person gives the Minister at least 14 days notice in writing, or such shorter notice as the Minister may allow, before the day that the survey is to commence.

(3) Every person who conducts an airborne survey for minerals shall provide the Minister with the data from the survey in a manner and within the time prescribed by the Minister.

(4) A person who contravenes subsection (2) or (3) commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

53. Confidentiality of airborne survey data

53. (1) The Minister shall keep data provided under section 52 confidential—

(a) until the expiration of the prescribed period, which shall not be less than 4 years, or

(b) until the expiration of any period of confidentiality extended under subsection (2),

whichever last occurs, unless the person who conducted the survey agrees that the data may be made public earlier.

(2) The Minister may, on application of the person who conducted the survey and on reasonable grounds, extend the period that the data is to remain confidential.

(3) After the period of confidentiality ends or the person who conducted the survey agrees that the data may be made public, the data may be—

(a) disclosed to the public on request and on payment of reasonable administrative costs determined by the Minister, or

(b) made available to the public free of charge.

PART 3 Working Minerals

Chapter 1 Right to Work Private Minerals

54. Exclusive right of working minerals vested in Minister

54. The exclusive right of working minerals referred to in section 12 of the Act of 1979 stands vested in the Minister on behalf of the State.

Chapter 2 Mining Licences

55. Mining licence

55. The Minister may grant a licence to work specified minerals in or on specified land (referred to in this Act as a “mining licence”) in accordance with this Part.

56. Scope of mining licences

56. A mining licence may be granted only in respect of State minerals or private minerals or a combination of the two.

57. Rights and duties under mining licence

57. The licensee under a mining licence has—

(a) the right to work the minerals specified in the licence in or on the specified land,

(b) the right to sell or otherwise transfer the ownership of minerals extracted under the licence, and

(c) the duties imposed by this Act, the regulations and the licence, including the duty to pay compensation under section 98 for any damage or nuisance referred to in that section.

58. Process

58. (1) A licensee under a prospecting licence or a retention licence may apply for a mining licence.

(2) A licensee under a mining licence who wishes to apply to work additional minerals, or minerals in or on land that is adjacent to the land specified in the licence, before such licence is renewed, is subject to the requirements for the granting of a new mining licence.

(3) A licensee under a mining licence may apply for a renewal of the licence.

(4) A licensee under a mining licence who wishes to renew the licence and to apply to work additional minerals or minerals in or on land that is adjacent to the land specified in the licence may submit one application that meets the requirements for renewals in respect of the licence to be renewed and that meets the requirements for the granting of a new licence in respect of the additional minerals or adjacent land.

59. Lodgement of application for mining licence

59. The Minister shall accept an application for a mining licence from a licensee under a prospecting licence or a retention licence if—

(a) the application is in the prescribed form and contains a proposed mining plan and is accompanied by an ordnance map at an appropriate scale or other suitable map approved by the Minister showing the land proposed to be specified in the mining licence,

(b) the prospecting licence or retention licence held by the applicant applied to the minerals in or on the land proposed to be specified in the mining licence and the licensee is in compliance with the conditions of that licence,

(c) the application contains sufficient financial, technical and other information to enable the Minister to determine, for the purposes of section 65(d), whether or not the plan proposed is feasible,

(d) the applicant nominates a company (in this Act referred to as a “nominee company”), which may be itself if the applicant is a company, that meets the requirements of section 75 to be the licensee, and

(e) the applicant submits a current tax clearance certificate in the name of the nominee company and the portion of the prescribed application fee that, pursuant to the regulations made under section 64, is to accompany the application.

60. Lodgement of application in respect of additional minerals or adjacent land

60. The Minister shall accept an application from a licensee under a mining licence who wishes to work additional minerals, or minerals in or on land that is adjacent to the land specified in the licence, if—

(a) the application is in the prescribed form and contains a proposed mining plan and—

(i) in the case of an application to work additional minerals, specifies those minerals, and

(ii) in the case of an application to work minerals in or on adjacent land, is accompanied by an ordnance map at an appropriate scale or other suitable map approved by the Minister showing the area of the adjacent land,

(b) the application contains sufficient financial, technical and other information to enable the Minister to determine, for the purposes of section 66(1)(b), whether or not the plan proposed is feasible,

(d) the mining licence does not relate exclusively to extractive waste,

(e) the prospecting licence or retention licence on which the mining licence was based applied to the additional minerals or adjacent land, as the case may be, and

(f) the licensee submits a current tax clearance certificate in the name of the licensee and the portion of the prescribed application fee that, pursuant to the regulations made under section 64, is to accompany the application.

61. Lodgement of application for renewal of mining licence

61. (1) The Minister shall accept an application from a licensee for the renewal of the mining licence if—

(a) the licensee submits, at least 6 months before the end of the term of the current licence, an application in the prescribed form that contains a proposed mining plan and is accompanied by an ordnance map at an appropriate scale or other suitable map approved by the Minister showing the land specified in the mining licence that is proposed to be renewed,

(b) the licensee is in compliance with the conditions of the mining licence, and

(c) the licensee submits a current tax clearance certificate in the name of the licensee and the portion of the prescribed application fee that, pursuant to the regulations made under section 64, is to accompany the application.

(2) Where an application for a renewal which otherwise meets the requirements of subsection (1) is made less than 6 months before the end of the term of the current licence the Minister may accept the application if he or she is satisfied that there is good and sufficient reason for such delay.

62. Validity of application

62. (1) An application that has been accepted by the Minister ceases to be valid on the earliest of the following occurring:

(a) the expiration of a period of 3 years, or such longer period as may be authorised by the Minister under subsection (2), after the day that the Minister accepts the application;

(b) the prospecting licence, retention licence or mining licence on which the application is based expires, terminates or is revoked or surrendered;

(i) commences a voluntary winding-up or becomes subject to a winding-up order,

(ii) is subject to the appointment of a receiver or examiner, or

(iii) proposes a compromise or arrangement that is sanctioned under section 453(2) of the Companies Act 2014, or

(iv) where it is a body incorporated under the laws of another state, on the occurrence of any event which corresponds to an event referred to in subparagraph (i), (ii) or (iii);

(d) in the case of an applicant that is an individual, the applicant dies, is adjudicated bankrupt or becomes an arranging debtor; or

(e) the applicant withdraws the application.

(2) The Minister may, before the expiration of the 3 year period mentioned in subsection (1)(a), extend that period by not more than 2 years from the date of expiration if the Minister considers it appropriate to do so.

(3) If the Minister grants a mining licence for only a portion of the area specified in an application, subsection (1) continues to apply to the application in respect of the remaining portion.

63. Notification of acceptance

63. The Minister shall within 7 days after accepting an application under section 59, 60 or 61 notify the applicant that the application has been accepted and that, if the mining licence is not granted, the application will cease to be valid in accordance with section 62(1).

64. Application fee for mining licence

64. (1) The Minister may, with the prior consent of the Minister for Public Expenditure and Reform, make regulations setting the application fees for mining licences, the portion of such fees to accompany an application and the portion to be paid before the mining licence is granted.

(2) Regulations under this section may provide for different application fees to be payable based on the following matters:

(a) the type or category of minerals to be worked;

(b) whether working the minerals will involve the construction of a new processing facility or an increase in the capacity of an existing processing facility;

(d) whether the application is for—

(i) the first mining licence to be granted on the application of the licensee under a prospecting licence or retention licence,

(ii) the renewal of a mining licence, or

(iii) the extension of a mining licence to minerals, or minerals in or on land, that is in addition to the minerals or land specified in the existing licence.

(3) The Minister, when setting application fees for mining licences in regulations, shall have regard to the administrative costs associated with processing applications, including the costs of determining whether the requirements for making an application have been met.

65. Granting mining licence

65. Subject to section 67, the Minister shall grant a mining licence in respect of specified minerals in or on specified land to a nominee company on the application of a licensee under a prospecting licence or retention licence if—

(a) the Minister has accepted the application for the licence and the application is valid under section 62,

(b) the nominee company continues to meet the requirements of section 75,

(d) the Minister is satisfied that the proposed mining plan is feasible and that the nominee company has the financial resources and technical ability to carry out the plan,

(e) the Minister is satisfied that, where so required, planning permission under the Planning and Development Acts 2000 to 2016 has been granted in respect of the development comprised in the application,

(f) the nominee company is a fit and proper person (as provided for by section 74) to be a licensee,

(g) the applicant submits a current tax clearance certificate in the name of the nominee company and the remainder of the prescribed application fee,

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

(i) the requirements of section 69 regarding public notice and consideration of objections have been complied with,

(j) the nominee company obtains insurance of the classes and in the amounts that are satisfactory to the Minister,

(k) the Minister and the nominee company have agreed on—

(i) the mining licence fees and royalties to be paid, the amounts of which are in accordance with the regulations made under section 76 and royalties regulations made under section 77,

(ii) when those fees are to be paid,

(iii) the term of the licence, and

(iv) any terms or conditions of the licence under section 79(3),

(l) the first instalment of the mining licence fees has been submitted, and

(m) the Minister is satisfied that the proposed mining plan would be likely to lead to a commercially viable mine.

66. Additional minerals or adjacent land and renewals

66. (1) Subject to section 67, the Minister shall renew a mining licence and shall extend a mining licence to include additional minerals or adjacent land on the application of the licensee if—

(a) the licensee continues to be in compliance with the conditions of the mining licence, and

(b) the requirements of paragraphs (a) to (l) of section 65, as modified by subsection (2), are met in respect of the application.

(2) References to the nominee company in paragraphs (a) to (l) of section 65 are to be read as references to the applicant licensee under the mining licence for the purposes of this section.

(3) Where the Minister renews a mining licence under this section he or she may—

(a) renew the existing licence subject to the same or additional conditions, or

(b) renew the existing licence and extend that licence—

(i) to additional minerals in or on the specified land,

(ii) to minerals in or on land that is adjacent to the specified land, or

(iii) to minerals referred to in both subparagraphs (i) and (ii),

subject to the same or additional conditions.

67. Consultation with other Ministers

67. Before the Minister grants a mining licence in respect of minerals in or on land the surface of which is vested in or occupied by any other Minister of the Government or Minister of State, the Minister shall consult with that other Minister.

68. Refusal to grant, renew or extend mining licence before public notice

68. (1) If the Minister determines, before giving public notice under section 69, that any of the requirements of paragraphs (a) to (h) or paragraph (m) of section 65 have not been met in respect of an application, the Minister shall notify the applicant of the requirements that have not been met and provide the applicant with an opportunity to submit written representations within 30 days after the date on which the notice was sent.

(2) If, after considering any written representations that have been submitted to the Minster within the period specified in subsection (1), the Minister still considers that any requirements have not been met, the Minister shall send to the applicant a notice of refusal with reasons.

(3) If the Minister sends an applicant a notice of refusal, the Minister shall not grant or renew the mining licence or extend the mining licence to include additional minerals or adjacent land unless a new application is submitted.

69. Public notice before granting, renewing or extending mining licence

69. (1) Before granting or renewing a mining licence or extending a mining licence to include additional minerals or minerals in or on adjacent land, the Minister shall give public notice in accordance with this section that the Minister intends to grant, renew or extend the licence, as the case may be, 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 land specified in the proposed licence a description of the proposed licence and a map showing the boundaries of the specified land,

(b) publish once each week in 2 successive weeks in Iris Oifigiúil, in a national newspaper and in at least one newspaper circulating in the vicinity of the specified land a notice stating that—

(i) the Minister intends to grant, renew or extend, as the case may be, the licence for specified minerals to the applicant’s nominee company, and that the licensee will be entitled to exercise ancillary underground rights in respect of the minerals,

(ii) a description of the proposed licence and a map showing the boundaries of the specified land may be viewed at the places at which they have been deposited in accordance with paragraph (a) and that copies can be obtained at an office of the Department of Communications, Climate Action and Environment, specified in the notice, on payment of a fee, 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,

and

(c) in the case of an application to grant a mining licence not involving a renewal of the licence, or to extend a mining licence to additional minerals or minerals in or on adjacent land, make reasonable efforts to deliver to all occupied dwellings and business premises on the specified land and, if there is registered land within the specified land, to the registered owners of that land a notice that—

(i) contains the information set out in paragraph (b),

(ii) includes a map showing the boundaries of the specified land, and

(iii) invites any person claiming a right to compensation under section 86 if the minerals are worked to notify the Minister of his or her claim at an address specified in the notice and within a specified time.

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

(a) are in writing and have been delivered to the address specified in the notice within 28 days after the first date of publication of the notice in Iris Oifigiúil, and

(b) relate to entering on land, working minerals or the exercise of ancillary underground rights and do not relate to compensation or matters to be addressed in permissions, licences or environmental impact assessments by or under—

(i) the Planning and Development Acts 2000 to 2016,

(ii) the Environmental Protection Agency Acts 1992 to 2011,

(iii) the Local Government (Water Pollution) Acts 1977 to 2007,

(iv) the Air Pollution Act 1987,

(v) the Waste Management Acts 1996 to 2011,

(vi) the Waste Management (Management of Waste from the Extractive Industries) Regulations 2009, or

(vii) the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011).

(4) The Minister shall determine the fee to cover the cost of providing copies referred to in subsection (2)(b)(ii).

70. Oral hearing and mining licence

70. (1) If the Minister is required to consider one or more objections in accordance with section 69(3), the Minister may, if he or she considers it necessary that an oral hearing be held concerning one or more of those objections, request the Mining Board to conduct such a hearing and to provide written recommendations based on such hearing to the Minister.

(2) After receiving the Minister’s request, the Mining Board shall—

(a) conduct an oral hearing for the purpose of evaluating the objections referred to it by the Minister, and

(b) provide written recommendations based on such hearing to the Minister within 75 days after the day that the request is received or such longer period as the Minister may specify.

(3) Only the Minister, the applicant for the mining licence and the persons who made the objections being evaluated are entitled to appear, be heard and adduce evidence at the oral hearing and may do so personally or be represented by counsel or a solicitor.

(4) The Minister shall decide whether to grant the licence within 14 days after the day that he or she receives the recommendations of the Mining Board or such longer period as the Minister may specify in a notice to the persons who made the objections considered by the Board and to the applicant.

71. Decision of Minister if no oral hearing

71. If the Minister is required to consider one or more objections in accordance with section 69(3) and decides that an oral hearing is not necessary, the Minister shall decide whether or not to grant, renew or extend the licence, as the case may be, within 90 days after the first date of publication of the notice in Iris Oifigiúil or such longer period as the Minister may specify in a notice to the persons who made the objections and to the applicant.

72. Refusal to grant mining licence after public notice

72. (1) If, after giving public notice, the Minister intends to refuse to grant, renew or extend a mining licence the Minister shall notify the applicant of the requirements that have not been met and give the applicant a period of 30 days after the date on which the notice was sent to submit written representations to the Minister.

(2) If, after considering any written representations that have been submitted to the Minster within the period referred to in subsection (1), the Minister still considers that any requirements have not been met, the Minister shall send to the applicant a notice of refusal with reasons.

(3) If the Minister sends an applicant a notice of refusal, the Minister shall not grant or renew the mining licence or extend the mining licence to include additional State or private minerals or adjacent land unless a new application is submitted.

73. Licence for portion of area of land

73. (1) The Minister may grant a mining licence for only a portion of the area of land specified in an application for a mining licence either—

(a) at the request of the applicant, or

(b) where the area applied for greatly exceeds the estimated extent of the ore body outline.

(2) The Minister shall not grant a mining licence for the remainder, or a portion of the remainder, of the land referred to in subsection (1) unless an additional application fee is paid for each licence requested and the requirements of section 65 have been met at the time of the grant of the licence.

74. Fit and proper person

74. The Minister shall consider the following in determining whether a nominee company is a fit and proper person to be a licensee under a mining licence:

(a) letters of reference;

(b) whether the nominee company or any of its associated companies or any of the directors, officers or key employees of that company or those companies has been convicted of an offence under the laws of the State or elsewhere that would raise doubt about the nominee company complying with this Act and any regulations made under it;

(c) whether any of its directors has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or is subject or is deemed to be subject to—

(i) a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, whether by virtue of that Chapter or any other provision of that Act, or

(ii) a disqualification outside the State to like effect which corresponds to a disqualification order within the meaning of Chapter 4 of Part 14 of that Act;

(d) whether the nominee company—

(i) has commenced a voluntary winding-up or is subject to a winding-up order or is subject to proceedings for such an order,

(ii) is subject to the appointment of a receiver or examiner, or

(iii) has proposed a compromise or arrangement that is sanctioned under section 453(2) of the Companies Act 2014 or section 201(3) of the Companies Act 1963;

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.