Minerals Development Act 2017

(e) the previous performance, in relation to prospecting for or working minerals in the State or elsewhere, of the nominee company or any of its associated companies or any of the directors, officers or key employees of that company or any of those companies;

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

75. Requirements for companies

75. A mining licence may only be granted to—

(a) a company that is incorporated under the laws of the State, or

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

76. Mining licence fees

76. (1) The Minister shall, with the prior consent of the Minister for Public Expenditure and Reform, make regulations setting out the mining licence fees that are payable in respect of a mining licence over its term.

(2) These regulations shall be reviewed every 5 years.

(3) Regulations under subsection (1) may, in particular, provide for—

(a) a minimum licence fee payable in respect of the grant of a licence,

(b) minimum annual fees payable over the term of a licence,

(c) increases or decreases in licence fees over the term of the licence.

(4) The method of calculating mining licence fees shall be based on the type of minerals to be worked and the area of land specified in the licence.

(5) The method of calculating mining licence fees may be based on the tonnage of minerals produced and removed from the area of the mining licence or the revenue (as calculated by reference to regulations under this section) generated by working the minerals.

(6) Without prejudice to the Minister’s discretion to consider other factors, the Minister shall have regard to the following when setting mining licence fees:

(a) the costs associated with administering this Part and the enforcement of this Act (including the regulations made under it) and mining licences;

(b) the amount of legal costs that the Minister may be required to pay under section 91 in determining the persons entitled to compensation in respect of private minerals;

(c) the capital and other start-up costs associated with the commencement of mining operations;

(d) the value of conferring the exclusive right to work minerals under the licence;

(e) the need to encourage the continuous working of the minerals after a licence has been granted.

77. Royalties

77. (1) The Minister shall, with the prior consent of the Minister for Public Expenditure and Reform, make regulations (in this section referred to as “royalties regulations”) setting out the minimum and maximum rates of royalties that are payable in respect of minerals over the term of a mining licence and those rates may increase or decrease over that term.

(2) The method of calculating rates of royalties shall be based on the type of minerals to be worked and on one or more of the following factors:

(a) the tonnage of minerals produced and removed from the area of the mining licence;

(b) the revenue (as calculated by reference to the royalties regulations) generated by working the minerals;

(c) the profits (as calculated by reference to the royalties regulations) derived from working the minerals.

(3) Rates of royalty shall be based on the Minister’s estimate of market royalty rates and, without prejudice to the Minister’s ability to consider other factors, the Minister shall have regard to the following factors when determining those rates:

(a) the quality, grade and value of mineral deposits normally found in the State;

(b) general international practice of states in respect of setting royalties or equivalent payments or charges;

(c) existing domestic rates of royalties for similar minerals;

(d) rates of royalties set out in mining leases and licences continued under section 232.

(4) In setting rates of royalty the Minister may have regard to—

(a) a fair and reasonable return to the State and to private mineral owners for the extraction of minerals, and

(b) the desire of licensees to obtain a commercial return on their investment.

(5) The Minister shall review royalties regulations every 5 years from the date of their making in order to ensure that they reflect market rates.

78. Special payment arrangements for State minerals

78. (1) The Minister may, with the prior approval of the Minister for Public Expenditure and Reform, reduce, waive or defer either or both the mining licence fees or royalties for a specific period or for the entire term of a mining licence if the Minister is of the opinion that special circumstances exist and it is necessary to do so to attract investment in the State or to ensure the working of the minerals.

(2) The Minister may, with the prior approval of the Minister for Public Expenditure and Reform, agree with the licensee that mining licence fees and projected royalties for the entire term of the licence may be paid in advance in one or more instalments if the Minister is of the opinion that special circumstances exist.

(3) This Minister may only exercise the powers under this section in respect of a mining licence that does not include a right to work private minerals.

79. Mining licences and regulations imposing conditions

79. (1) The Minister may make regulations setting out conditions to which a licence is, or may be, subject in relation to any of the following matters:

(a) the payment of mining licence fees and royalties, including remedies and penalties for non-payment or late payment of those fees or royalties;

(b) where, under section 94, the Mining Board determines that the compensation to be paid to a right-to-compensation holder in respect of minerals is greater than the royalty paid in respect of those minerals, the reimbursement of the Minister by the licensee of the additional amount payable;

(c) any payments for which the licensee is liable under section 113 or 114 or any other provision of this Act;

(d) the payment of taxes and other charges under other Acts;

(e) compliance with other Acts, including obtaining permissions and licences required by—

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

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

and compliance with any conditions of those permissions or licences;

(f) notices;

(g) working the minerals, including requirements regarding the continuous working of minerals;

(h) the surface of the land in which the minerals occur or are worked, including the avoidance of subsidence of that land;

(i) force majeure;

(j) workers, including requirements regarding professional qualifications, and equipment;

(k) safety and security;

(l) activities or other things prohibited without the Minister’s consent or approval;

(m) weighing or measuring minerals;

(n) records, reports, data, lithological logs and plans, including access to them and auditing them;

(o) the requirement to report to the Minister and the form, timing and contents of such reports;

(p) the Minister’s right of inspection of mines;

(q) assignment of the licence, including a prohibition or restriction on assignment;

(r) the provision of financial security in order to ensure that the licensee can pay compensation for damages or nuisance for which he or she may be liable under section 98;

(s) indemnification by the licensee of the Minister and the State if the Minister or the State is found liable to pay compensation for any act or omission of the licensee or the licensee’s officers, employees, agents or contractors;

(t) where the licence relates to private minerals, reimbursement by the licensee of any payment made by the Minister to discharge the reasonable legal costs of a holder of a right to compensation referred to in section 91;

(u) insurance;

(v) renewal of the licence;

(w) the expiration, revocation, termination and surrender of the licence, including the rights and duties of the licensee in those circumstances;

(x) mine closure and rehabilitation of land, including the provision of financial security in order to ensure the licensee’s obligations in relation to these matters are met;

(y) the settlement of disputes;

(z) restrictions on the publication or disclosure of information communicated under the licence;

(aa) the maximum period following the grant of a licence within which operations under the licence are to commence;

(ab) such other matters as are ancillary or consequential to the other provisions of this subsection.

(2) Any regulations made under this section which are stated to apply to all mining licences shall apply to mining licences granted or renewed after those regulations come into operation.

(3) The Minister and the licensee may agree on terms and conditions to which a licence is to be subject that are in addition to the conditions prescribed under subsection (1).

80. Minister taking participating interest

80. The Minister may with the prior consent of the Minister for Public Expenditure and Reform and with the prior consent of the licensee under the mining licence—

(a) take a participating interest in the working of the minerals under the licence, or

(b) provide in the licence for the right of the Minister to acquire such a participating interest in the future.

81. Furnishing information

81. (1) Every licensee under a mining licence shall furnish to the Minister—

(a) the information necessary to calculate the royalties and the mining licence fees payable in respect of a period set out in the licence, no later than 45 days after the end of that period,

(b) if the licensee has been notified that the Mining Board has determined that a person having an estate or interest in the subsurface of private land is entitled under Chapter 2 of Part 4 to compensation for the exercise of an ancillary underground right in respect of that subsurface, a notice that the right has been exercised, as soon as practicable after receiving the notification from the Board of its determination,

(c) if a licensee has been notified that the Mining Board has determined that a person having an estate or interest in the subsurface is entitled under Chapter 2 of Part 4 to compensation for the exercise of an ancillary underground right and the licensee has not yet exercised the right in respect of that subsurface, a notice that that right has been exercised, within 45 days after the end of the year in which that right is exercised,

(d) the information required by regulations under subsection (2), within the time specified in those regulations, and

(e) such other information relating to the working of minerals under the licence that the Minister may require, within 28 days after being required by the Minister to do so.

(2) The Minister may make regulations regarding the furnishing of information by a licensee under a mining licence to the Minister and when that information is to be furnished.

82. Offences relating to requirement to furnish information

82. (1) A person who is required under section 81(1) to furnish information or a notice to the Minister commits an offence if the person—

(a) fails to furnish the information or notice within the time specified, or

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

(2) A person who commits an offence under subsection (1) is liable on summary conviction to a class A fine.

83. Relinquishing of State’s exclusive right to work minerals

83. (1) Where an application has been made for a mining licence in respect of private minerals the Minister may, instead of granting a licence, relinquish the exclusive right of working such minerals vested in the Minister under section 12 of the Act of 1979 if the Minister considers that, on account of the small tonnage or value of the minerals, it is expedient and efficient and in the public interest to do so.

(2) Where the Minister relinquishes the State’s exclusive right to work minerals under subsection (1) those minerals shall be deemed to be excepted minerals and the Mining Board shall register them accordingly without the need for an application under section 15 of the Act of 1979.

(3) The Minister shall notify the Mining Board if the Minister relinquishes the State’s exclusive right to work minerals under subsection (1).

Chapter 3 Public Interest

84. Public Interest in respect of mining licence

84. Without prejudice to the Minister’s discretion to consider other factors, the Minister shall consider the following in assessing the public interest in respect of an application for a mining licence:

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

(b) the importance of the minerals concerned to the economies of the State and the European Union;

(c) sustainable development, being development that meets the needs of the present without compromising the ability of future generations to meet their own needs;

(d) the policies of the Government.

Chapter 4 Compensation for Working Minerals

85. Definitions — Chapter 4

85. In this Chapter—

“right to compensation”, in relation to private minerals, means a right to compensation under section 20 of the Act of 1979;

“right-to-compensation holder” means a person that the Minister under section 91, or on appeal the Mining Board, has determined holds a right to compensation in relation to private minerals.

86. Right to compensation

86. (1) The Minister shall pay compensation to every right-to-compensation holder in respect of those private minerals to which his or her right to compensation relates that are extracted by a licensee under a mining licence.

(2) For the purposes of determining entitlement to compensation under this section it shall be presumed, until the contrary is shown, that minerals contained in extractive waste are part of the land in, or on, which the waste occurs.

87. Vesting of right to compensation on transfer

87. (1) A conveyance of any estate or interest in private minerals shall operate to vest in the person to whom the estate or interest is conveyed (in this section referred to as “the transferee”) any right to compensation that is vested in the person making the conveyance (in this section referred to as “the transferor”) and which relates to that estate or interest.

(2) Where on the date that a right referred to in subsection (1) is vested in the transferee, any step or proceeding by the transferor for the purpose of claiming the compensation concerned remains to be completed, that step or proceeding may be carried on or completed on or after that date by the transferee, and, accordingly—

(a) any compensation payable on foot of that claim shall be paid to the transferee, and

(b) in any proceedings pending in any court in respect of that claim the name of the transferee shall be substituted for that of the transferor and the proceedings shall not abate by reason of such substitution.

88. Public notice of working minerals

88. The Minister shall, as soon as practicable after granting a mining licence over minerals or extending a mining licence to include additional minerals or adjacent land—

(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 worked a map showing the boundaries of the area,

(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 area to be worked a notice setting out that—

(i) the Minister has granted a mining licence over that area in respect of specified minerals,

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

(iii) every person described in section 86 claiming a right to compensation if the minerals are extracted shall submit his or her claim to the Minister at an address specified in the notice within the time limit under section 90,

and

(c) deliver to all persons who claimed a right to compensation in response to the notice given under section 69 a notice that—

(i) contains the information set out in paragraphs (b)(i) and (iii), and

(ii) includes a map showing the boundaries of the area to be worked.

89. Claim for compensation in respect of private minerals

89. A claim for a right to claim compensation under this Chapter shall be submitted to the Minister in the prescribed form.

90. Extinguishment of right to compensation in respect of private minerals

90. (1) A person’s right to compensation in relation to a mining licence referred to in section 86 is extinguished if the claim for compensation is not submitted to the Minister within 12 months, or such longer period allowed under subsection (2), after the first publication in Iris Oifigiúil of the notice referred to in section 88(b) or, if the notice was delivered to the person under paragraph (c) of section 88 after the date on which the notice was delivered.

(2) The Minister may, on the written application of a claimant, extend the 12 month period referred to in subsection (1) up to an additional 12 months if the Minister is satisfied that good reasons exist for the failure of the claimant to submit a claim for compensation within the initial 12 month period, provided that any such extension shall not result in the period being extended to more than 24 months after the first publication in Iris Oifigiúil of the notice, or the date on which the notice was delivered, as the case may be.

91. Determination of persons entitled to compensation in respect of private minerals

91. (1) After receiving a claim for compensation that has not been extinguished under section 90, the Minister shall determine if the claimant holds a right to compensation and shall notify the claimant of his or her decision.

(2) If the Minister determines that the claimant holds a right to compensation the Minister shall pay to the claimant the reasonable legal costs of establishing that fact.

(3) If the Minister determines that a claimant does not hold a right to compensation the claimant may, within 30 days after the Minister has given notice of the decision, appeal the decision to the Mining Board.

(4) If the claimant appeals, the claimant’s legal costs of establishing entitlement to compensation shall be determined by the Mining Board under section 179.

92. Initial compensation for private minerals worked under mining licence

92. (1) If the Minister grants a mining licence that applies to private minerals, then every right-to-compensation holder whose right relates to minerals located on or in the specified land shall be paid the greater of—

(a) €500, and

(b) €500 together with a prescribed amount that increases the amount in paragraph (a) to reflect any change in the consumer price index.

(2) The Minister shall make the payment under this section within 45 days after the date of the notice from the Minister advising the right-to-compensation holder that his or her entitlement has been established or, in the case of the Mining Board determining entitlement, the date of its determination.

(3) In this section “change in the consumer price index” means the difference between—

(a) the All Items Consumer Price Index number last published by the Central Statistics Office before the date of the passing of this Act, and

(b) the All Items Consumer Price Index number most recently published by the Central Statistics Office before the date on which the amount is prescribed for the purposes of subsection (1)(a),

expressed as a percentage of the last-mentioned number.

93. Calculation of compensation for private minerals payable over term of mining licence

93. (1) When private minerals are worked under a mining licence, the Minister shall pay compensation to a right-to-compensation holder for minerals that have been—

(a) extracted by the licensee under the mining licence from—

(i) deposits of minerals to which the right to compensation relates, and

(ii) mineral waste resulting from the working of the deposits referred to in subparagraph (i),

and

(b) removed from the area of the mining licence.

(2) Subject to section 94, the compensation payable by the Minister in respect of minerals referred to in subsection (1) shall be equal to the amount of the royalties payable in respect of those minerals in accordance with regulations made under section 77 less the amount paid to any right-to-compensation holder under section 92.

94. Referral of calculation of compensation to Mining Board

94. (1) Where either the Minister or a right-to-compensation holder are of the opinion that the amount of compensation payable under section 93(2) is not fair and reasonable having regard to all the circumstances of the case (including the matters referred to in section 23(1) of the Act of 1979) either party may, within a period of 90 days from the date of the notification referred to in section 91(1), refer the matter to the Mining Board for a determination of the amount of compensation payable.

(2) Where a right-to-compensation holder refers the matter of compensation to the Mining Board, if the compensation awarded by the Mining Board is equal to or less than the amount of the royalties payable in accordance with regulations made under section 77 the Board may, if the Board considers it appropriate to do so, order the right-to-compensation holder to bear his or her own costs and to pay the costs of the Minister in so far as those costs were incurred after the date on which the right-to-compensation holder referred the matter to the Board.

(3) Where the Minister refers the matter of compensation to the Mining Board, if the compensation awarded by the Mining Board is equal to or exceeds the amount of the royalties payable in accordance with regulations made under section 77, the Board may, if the Board considers it appropriate to do so, order the Minister to bear his or her own costs and to pay the costs of the right-to-compensation owner in so far as those costs were incurred after the date on which the Minister referred the matter to the Board.

95. Timing of payment of compensation

95. Where a person’s entitlement to compensation has been determined under section 91 and the period of 90 days referred to in section 94 has passed or the amount of compensation payable has been determined by the Mining Board, as the case may be, the Minister shall, within 90 days after the end of each year, pay compensation for—

(a) minerals described in section 93 that were removed from the area of the relevant mining licence during that year, and

(b) minerals described in section 93 that were removed before the beginning of that year in respect of which no compensation was paid.

96. Notice of renewals of mining licences

96. The Minister shall, within 14 days after renewing a mining licence over private minerals, notify every right-to-compensation holder in respect of that licence that the licence has been renewed and of the term of the renewed licence.

Chapter 5 Liability under mining licence

97. Joint and several liability of licensees

97. Where a mining licence is held by 2 or more licensees any duty or liability imposed by this Act, the regulations or the licence applies to each licensee and each licensee is jointly and severally liable.

98. Liability for damage or nuisance under mining licence

98. (1) Where the exercise of—

(a) a right under a mining licence,

(b) an ancillary underground right, or

(c) an ancillary surface right,

causes a nuisance, or damage to the surface of any land or to water supplies, the licensee is liable to pay compensation for such nuisance or damage.

(2) Subsection (1) does not apply to a nuisance or to damage—

(a) caused by the exercise of an ancillary surface right that was acquired by the licensee by agreement or compulsorily under Part 4 if the nuisance or damage is suffered by the person who granted the right by agreement or was compensated for the compulsory acquisition of that right, or

(b) that results from carrying out an operational purpose within the meaning of section 110 in respect of which the licensee acquired an estate or interest in the land by agreement or compulsorily under Part 4 if the damage or nuisance is suffered by the person who transferred the estate or interest by agreement or was compensated for the compulsory acquisition of that estate or interest.

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

(4) Other than in circumstances referred to in subsection (3), the fact that nuisance or damage is caused by an act or omission that was authorised under this Act is not a defence to a claim under subsection (1).

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

(6) 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.

(7) If the nuisance or damage occurs on State land and is caused by the licensee under a mining 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 Safety at Closed and Abandoned Mines

99. Application of Chapter

99. This Chapter applies to—

(a) a mine in which State minerals have been worked, and

(b) a mine in which private minerals have been worked under a mining licence.

100. Fencing and other works to prevent accidents

100. (1) If a mine has been abandoned or its operations have permanently ceased, whether before or after this section comes into operation, the Minister may, through his or her officers or agents, to prevent accidents to people or animals at the mine—

(a) erect and maintain fencing or other barriers or seal openings to prevent access to any part of the mine,

(b) erect warning signs in the vicinity of the mine,

(c) if there is an immediate threat of accidents to people or animals occurring at any part of a mine site, carry out such other works at the mine as he or she considers necessary, and

(d) enter any land or abandoned structure or building for any of the purposes specified in paragraph (a), (b) or (c).

(2) No compensation is payable in respect of the exercise of the powers of the Minister under this section.

(3) Nothing in subsection (1) shall be construed as imposing any obligation on the Minister to take any measures under that subsection.

(4) A person who obstructs or interferes with an officer or agent of the Minister in the exercise of powers under this section or interferes with or damages any fence, barrier or sign erected, or any works carried out, under this section, commits an offence and is liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years, or to both.

101. Relationship to other liabilities and powers

101. Nothing in this Chapter—

(a) exempts any person from an obligation or liability under any Act or otherwise with respect to an abandoned mine or a mine whose operations have permanently ceased, or

(b) affects the powers or obligations of a local authority under any Act, including the Derelict Sites Act 1990, with respect to an abandoned mine or a mine whose operations have permanently ceased.

PART 4 Ancillary Rights

Chapter 1 Definitions

102. Ancillary rights

102. (1) The following are “ancillary underground rights” for the purposes of this Act:

(a) a right to remove rock that is adjacent to minerals for the purposes of underground mining;

(b) a right to construct and to operate and use shafts, tunnels, boreholes and other underground rights of way for the purposes of—

(i) accessing or conveying minerals or machinery, or transporting persons,

(ii) ventilation, drainage or emergency egress, or

(iii) working minerals;

(c) a right to construct and operate underground facilities, such as workshops, canteens, material and explosive storage facilities and pump chambers.

(2) The following are “ancillary surface rights” for the purposes of this Act:

(a) a right to remove rock and other overburden for the purposes of open-cast mining;

(b) a right of way on the surface—

(i) for access to, and the transport of, minerals,

(ii) for pipelines for the transport of water, tailings or other fluids or slurries, and

(iii) for overhead or buried power lines;

(c) the right to fence in those rights of way;

(d) a right to a supply of surface water in connection with the working of minerals;

(e) a right to dam or divert any river or watercourse, including an artificial watercourse, for the purpose of gaining access to minerals;

(f) a right to divert—

(i) pipelines, sewers, water mains and other pipes,

(ii) power and any other type of cables, and

(iii) a public road, street or right of way or a private right of way, including the right to substitute for an existing bridge another bridge at a different location;

(g) a right of access for the purposes of monitoring land, air and noise, and a right to install, fence in and maintain equipment for those purposes.

Chapter 2 Ancillary Underground Rights

103. Exercise of ancillary underground rights

103. Every licensee under a mining licence may, in respect of the subsurface of the specified land that lies 10 metres or more below the surface, exercise any ancillary underground right necessary for the efficient working of the minerals specified in the licence.

104. Entitlement to compensation in relation to exercise of ancillary underground rights

104. Every owner of an estate or interest in the subsurface of private land is entitled to compensation under this Chapter for the exercise of an ancillary underground right by a licensee under a mining licence granted after this section comes into operation where the exercise of such rights affects the portion of that subsurface that lies 10 metres or more below the surface.

105. Public notice of exercise of ancillary underground rights

105. The Minister shall, as soon as practicable after granting a mining licence over private land—

(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 specified land a map showing the boundaries of the 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 has granted a mining licence in respect of specified minerals in or on the specified land,

(ii) a map showing the boundaries of the specified land may be viewed at the places at which the map has been deposited in accordance with paragraph (a),

(iii) the owner of an estate or interest in the subsurface of the specified land is entitled to compensation if an ancillary underground right is exercised that affects the land to which the estate or interest relates and that lies 10 metres or more below the surface, in an amount equal to the value (if any) of the subsurface,

(iv) the value of any subsurface lying 10 metres or more below the surface of that land is nil, unless it is shown to be of a greater value by the owner of the estate or interest in the land, and

(v) any owner of an estate or interest in any portion of the subsurface of the area concerned wishing to claim that the value of that subsurface is greater than nil shall submit his or her claim to the Mining Board at an address specified in the notice within the time limit provided under section 106,

and

(c) make reasonable efforts to deliver to all occupied dwellings and business premises within 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 subparagraphs (i) and (iii) of paragraph (b), and

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

106. Extinguishment of right to compensation for ancillary underground rights

106. (1) A person’s right to compensation under this Chapter in respect of a mining licence referred to in section 105 is extinguished if the claim for compensation is not submitted to the Mining Board within 12 months, or such longer period allowed under subsection (2), of the first publication in Iris Oifigiúil of the notice referred to in section 105(b) or, if the notice was delivered to the person under section 105(c), after the date that the notice was delivered.

(2) The Minister may, on the written application of a claimant, extend the period referred to in subsection (1) if the Minister is satisfied that good reasons exist for the failure of the claimant to submit a claim for compensation within the initial 12 month period, but any such extension shall not result in the period being extended to more than 24 months after the first publication in Iris Oifigiúil of the notice or from the date that the notice was delivered, as the case may be.

107. Determination of compensation for exercise of ancillary underground rights

107. (1) After receiving a claim for compensation that has not been extinguished under section 106, the Mining Board shall determine, in accordance with Chapter 3 of Part 6, entitlement to compensation and award compensation in an amount equal to the value (if any) of the subsurface at the time of making its decision.

(2) The assessment of compensation shall be governed by the rules in section 2 of the Acquisition of Land (Assessment of Compensation) Act 1919 (including those rules that apply where compensation is payable by a planning authority) and references to a “property arbitrator” in those rules shall be read as references to the Mining Board.

108. Payment of compensation for exercise of ancillary underground rights

108. If the Mining Board determines that a person is entitled to compensation under this Chapter, the Minister shall pay an amount of compensation in accordance with the Board’s decision—

(a) in the case that the ancillary underground right has already been exercised at the time of the Board’s decision, within 60 days after the day that the Minister was notified of the Board’s decision, and

(b) in the case that the ancillary underground right has not been exercised at the time of the Board’s decision, within 60 days after the end of the year in which the right is exercised.

109. Licensee liable to Minister for compensation

109. (1) If, under a decision of the Mining Board, the Minister pays compensation to a person in respect of an ancillary underground right exercised by a licensee under a mining licence, the licensee shall pay to the Minister the amount of that compensation.

(2) The amount that is payable by the licensee is recoverable by the Minister as a simple contract debt in any court of competent jurisdiction.

Chapter 3 Ancillary Surface Rights and Operational Purposes

110. Interpretation - Chapter 3

110.In this Chapter—

“estate or interest”, in relation to land, does not include an ancillary surface right;

“operational purpose”, in relation to working minerals, means any of the following purposes:

(a) to exercise an ancillary underground right with respect to the subsurface of land that lies less than 10 metres from the surface;

(b) to permanently remove rock and other overburden for the purposes of open-cast mining;

(c) to exercise an ancillary underground right that causes significant subsidence to the surface that results in permanent damage to the surface;

(d) to construct and operate surface facilities, including water wells and ventilation facilities;

(e) to access and transport minerals;

(f) to dispose of mineral waste;

(g) to construct and operate treatment facilities, including facilities for the retention or discharge of water.

111. Licensee’s duty to negotiate

111. (1) A licensee under a mining licence that requires an ancillary surface right over private land in order to work minerals or an estate or interest in private land for an operational purpose shall make reasonable attempts—

(a) to ascertain and locate every owner concerned, and

(b) if any owner concerned is located, to negotiate the acquisition of that right, estate or interest from him or her, and, in particular, to make an unconditional written offer to such owner for the purposes of such acquisition.

(2) If any owner concerned does not respond to a written offer made under subsection (1)(b) within 14 days after the offer is given to the owner, that owner is deemed to have rejected it.

(3) If a licensee under a mining licence has not been able—

(a) to ascertain or locate any owner concerned, or

(b) to acquire an ancillary surface right, estate or interest in private land by agreement from that owner,

then the licensee may apply to the Minister for an ancillary surface rights licence, which the Minister may grant only after acquiring the right by a mining facilities acquisition order.

(4) If a licensee under a mining licence has not been able to ascertain or locate the owner concerned or acquire the estate or interest in private land by agreement from the owner, the licensee may apply to the Minister to grant a mining facilities acquisition order that vests that estate or interest in the licensee.

112. Mining facilities acquisition order

112. (1) The Minister may, by order to be known as a “mining facilities acquisition order”, compulsorily acquire an ancillary surface right, for the purposes of a licensee under a mining licence, or acquire and, subject to Chapter 2 of Part 7, vest in a licensee under a mining licence an estate or interest in private land if—

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

(b) in the case of acquiring an ancillary surface right, the Minister is satisfied that the ancillary surface right is necessary for the efficient working of the minerals,

(c) in the case of acquiring an estate or interest in land, the Minister is satisfied that the estate or interest is necessary for an operational purpose,

(d) the licensee has complied with the requirements of section 111(1),

(e) the licensee has provided the prescribed information and any additional information required by the Minister,

(f) the requirements of section 116 regarding public notice and consideration of objections have been complied with,

(g) where an oral hearing has been conducted under section 117, the Minister has considered the report of the Mining Board, and

(h) the Minister for Public Expenditure and Reform consents to the making of the order.

(2) A mining facilities acquisition order shall—

(a) specify the ancillary surface right or the estate or interest acquired, including its duration, and describe the land affected,

(b) in the case of the vesting of a fee simple estate, identify any interests or burdens to which the estate is subject, and

(c) contain any supplementary or ancillary provisions as the Minister, with the prior consent of the Minister for Public Expenditure and Reform, considers proper.

(3) On the making of a mining facilities acquisition order for the purpose of acquiring an ancillary surface right, the right is vested in the Minister on behalf of the State.

(4) On the making of a mining facilities acquisition order for the purpose of acquiring an estate or interest in land, the estate or interest is vested in the licensee.

(5) Notwithstanding the Registration of Deeds and Title Acts 1964 and 2006, the vesting of an ancillary surface right, estate or interest under subsections (3) and (4) that affects registered land occurs when the order is made.

(6) The Statutory Instruments Acts 1947 and 1955 do not primarily apply (within the meaning of those Acts) to an order made under subsection (1).

113. Granting ancillary surface rights licence based on order

113. (1) After the Minister acquires an ancillary surface right by operation of a mining facilities acquisition order, the Minister may, subject to Chapter 2 of Part 7, grant an ancillary surface rights licence to the licensee under the mining licence.

(2) The ancillary surface rights licence may contain such conditions as the Minister considers necessary for the efficient working of the minerals.

(3) The licensee under the ancillary surface rights licence shall pay to the Minister—

(a) the Minister’s costs incurred in making the mining facilities acquisition order on which the licence is based, and

(b) the compensation awarded by the Mining Board in respect of the right acquired by the order that has been paid by the Minister.

114. Licensee liable to Minister for compensation payable for acquisition of estate or interest

114. When an estate or interest in land is vested in a licensee under a mining licence by operation of a mining facilities acquisition order, the licensee shall pay to the Minister—

(a) the Minister’s costs incurred in making the order, and

(b) the compensation awarded by the Mining Board in respect of the estate or interest that has been paid by the Minister.

115. Debt

115. The amounts that are payable by the licensee under sections 113 and 114 are recoverable by the Minister as a simple contract debt in any court of competent jurisdiction.

116. Public notice of intention to make mining facilities acquisition order

116. (1) Before making a mining facilities acquisition order, the Minister shall give public notice in accordance with this section that the Minister intends to make the order 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 affected by the proposed order a map showing the boundaries of the area and a copy of the proposed order,

(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 area to be affected by the proposed order a notice stating that—

(i) the Minister intends to make the order that will compulsorily acquire an ancillary surface right or an estate or interest in specified land,

(ii) a map showing the boundaries of the area to be affected by the order and a copy of the proposed order 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) any person claiming to have an estate or interest in the area to be affected by the proposed order may send written objections that meet the requirements of subsection (3) to the Minister at an address specified in the notice,

and

(c) make reasonable efforts to deliver to all occupied dwellings and business premises within one kilometre of the boundaries of the area to be affected by the proposed order and, if there is registered land within that area, to the registered owners of that land a notice that—

(i) contains the information set out in paragraphs (b)(i) and (iii),

(ii) includes a map showing the boundaries of the area to be affected and a copy of the proposed order, and

(iii) invites any person claiming a right to compensation under section 122 to notify the Minister of his or her claim at an address specified in the notice and within the time specified by the Minister.

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

(a) are in writing from persons claiming an estate or interest in the affected land 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,

(b) in the case of an ancillary surface right, relate to whether the right is necessary for the efficient working of the minerals,

(c) in the case of an estate or interest in land, relate to whether the estate or interest is necessary for an operational purpose, and

(d) do not relate to compensation or matters to be addressed in permissions, licences or other forms of authorisations 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.

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

117. Oral hearing in relation to grant of mining facilities acquisition order

117. (1) If the Minister is required to consider one or more objections in accordance with section 116(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 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) The Minister, the licensee under the mining licence concerned and any person claiming an estate or interest in the land affected by the proposed mining facilities acquisition order is each entitled to appear, be heard and adduce evidence at the oral hearing and may do so personally or be represented by counsel or solicitor.

(4) The Minister shall decide whether to grant the mining facilities acquisition order within 14 days after the day 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.

118. Decision of Minister if no oral hearing for mining facilities acquisition order

118. If the Minister is required to consider one or more objections in accordance with section 116(3) and decides that an oral hearing is not necessary, the Minister shall decide whether to grant the mining facilities acquisition order 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.

119. Mining facilities acquisition order and registration of fee simple

119. The Property Registration Authority shall, on production of a mining facilities acquisition order under the official seal of the Minister that vests a freehold estate in land in a person—

(a) register the person as owner of the freehold estate in the land described in the order with absolute title subject to such burdens as may be specified in the order, and

(b) make any consequential alterations to any register that are appropriate having regards to the terms of the order.

120. Mining facilities acquisition order and ancillary surface rights

120. (1) The Property Registration Authority shall on production of a mining facilities acquisition order under the official seal of the Minister that vests in a person an ancillary surface right over registered land register the ancillary surface right as a burden affecting the land described in the order.

(2) The Property Registration Authority shall, on production of a mining facilities acquisition order under the official seal of the Minister that vests in a person an ancillary surface right over land that is not registered, register the order as though it were a deed under Part 3 of the Registration of Deeds and Title Act 2006.

121. Mining facilities acquisition order and extinguishment of an ancillary surface right

121. (1) The Minister may, with the prior consent of the Minister for Public Expenditure and Reform, by order extinguish an ancillary surface right acquired by operation of a mining facilities acquisition order if—

(a) the mining operations in respect of which the right was acquired have ceased, and

(b) the Minister is satisfied that the right is no longer required.

(2) The Property Registration Authority shall, on production of an order under the official seal of the Minister that extinguishes an ancillary surface right over registered land, cancel the entry of the right as a burden affecting the land described in the order if that right had been previously registered.

(3) The Property Registration Authority shall, on production of an order under the official seal of the Minister that extinguishes an ancillary surface right over land that is not registered, register the order as though it were a deed under Part 3 of the Registration of Deeds and Title Act 2006.

(4) The Statutory Instruments Acts 1947 and 1955 do not primarily apply (within the meaning of those Acts) to an order made under subsection (1).

122. Right to compensation in relation to mining facilities acquisition order

122. (1) Every person who, immediately before the making of a mining facilities acquisition order, has an estate or interest in land that is subject to the order, has a right to compensation.

(2) Entitlement to compensation under this section shall be determined and paid in accordance with section 125.

123. Public notice of making mining facilities acquisition order

123. The Minister shall, as soon as practicable after making a mining facilities acquisition order—

(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 subject to the order a map showing the boundaries of the area,

(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 area subject to the order a notice setting out that—

(i) the Minister has made a mining facilities acquisition order that compulsorily acquired a specified ancillary surface right or an estate or interest in private land,

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

(iii) any person claiming compensation under section 122 shall submit his or her claim to the Minister at an address specified in the notice within the time limit under section 124,

and

(c) deliver to all persons who claimed a right to compensation in response to the notice given under section 116 a notice that—

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

(ii) includes a map showing the boundaries of the area subject to the order.

124. Extinguishment of right to compensation under section 122

124. (1) A person’s right to compensation under this Chapter is extinguished if the claim for compensation is not submitted to the Mining Board within 12 months, or such longer period allowed under subsection (2), after the first publication in Iris Oifigiúil of the notice referred to in section 123(b) or, if the notice was delivered to the person under section 123(c), after the date that the notice was delivered.

(2) The Minister may, on the written application of a claimant, extend the period referred to in subsection (1) if the Minister is satisfied that good reasons exist for the failure of the claimant to submit a claim for compensation within the initial 12 month period, but any such extension shall not result in the period being extended to more than 24 months after the first publication in Iris Oifigiúil of the notice, or the date that the notice was delivered, as the case may be.

125. Determination of entitlement to and amount of compensation

125. (1) After receiving a claim for compensation that has not been extinguished under section 124, the Mining Board, in accordance with Chapter 3 of Part 6, shall determine entitlement to compensation and award compensation in an amount equal to the value (if any), on the date of the order, of the estate or interest acquired together with interest at the prescribed rate on the amount from the date of the order to the date of payment.

(2) The assessment of compensation shall be governed by—

(a) the rules in section 2 of the Acquisition of Land (Assessment of Compensation) Act 1919 (including those rules that apply where compensation is payable by a planning authority) and references to a “property arbitrator” in those rules shall be read as references to the Mining Board, and

(b) section 63 of the Lands Clauses Consolidation Act 1845.

(3) The Minister shall pay the amount of compensation awarded by the Mining Board.

126. Costs and compensation awarded under section 125

126. (1) In this section—

“acquiring party” means the licensee under a mining licence on whose application a mining facilities acquisition order has been made;

“owner” means a person who, immediately before the making of the order, was entitled to an estate or interest in the land that is subject to a mining facilities acquisition order and who the Mining Board determines is entitled to compensation under section 122.

(2) If the compensation awarded by the Mining Board under section 125 is equal to or less than the amount that the acquiring party offered the owner under section 111(1)(b), the Board may, if the Board considers it appropriate to do so, order the owner to bear his or her own costs and to pay the costs of the acquiring party in so far as those costs were incurred after the offer was made.

(3) If an owner made an unconditional written offer to the acquiring party to accept an amount as compensation prior to the mining facilities acquisition order being made and the compensation awarded by the Mining Board under section 125 is equal to or exceeds the amount that the owner offered to accept, the Board may, if the Board considers it appropriate to do so, order the acquiring party to bear his or her own costs and to pay the costs of the owner in so far as those costs were incurred after the offer by the owner was made.

127. Regulations applying Lands Clauses Consolidation Act 1845 and compulsory acquisition of certain facilities

127. (1) The Minister may by regulations, in such cases (if any) and to such extent as he or she considers necessary for the purposes of compulsory acquisition under a mining facilities acquisition order, apply all or any of the provisions of sections 69 to 83 of the Lands Clauses Consolidation Act 1845 as if—

(a) such compensation were purchase money or compensation under that Act, and

(b) the Minister was the promoter of the undertaking,

together with any other necessary modifications.

(2) Where money is paid into court under section 69 of the Lands Clauses Consolidation Act 1845, as applied by the Minister under subsection (1), no costs are payable by the Minister to any person in respect of any proceedings for the investment, payment of income or payment of capital of such money.

128. Requirements for grant of ancillary surface rights licence in respect of State land

128. (1) Subject to subsections (2) and (3), the Minister may grant an ancillary surface rights licence in respect of State land to a licensee under a mining licence authorising the licensee to exercise an ancillary surface right if—

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

(b) the Minister is satisfied that the ancillary surface right is necessary for the efficient working of the minerals, and

(c) the licensee has provided the prescribed information and any additional information required by the Minister.

(2) Before granting an ancillary surface rights licence under subsection (1), the Minister shall consult any other Minister of the Government having the authority to use the State land affected by the application.

(3) The Minister shall not grant an ancillary surface rights licence under subsection (1) without the prior consent of the Minister for Public Expenditure and Reform.

129. Ancillary surface rights and conditions

129. Every ancillary surface rights licence granted in respect of State land may contain such conditions as the Minister, with the prior consent of the Minister for Public Expenditure and Reform, considers necessary for the efficient working of the minerals.

130. Compensation upon grant of ancillary surface rights licence over State land

130. (1) The licensee under the ancillary surface rights licence shall pay compensation to the Minister in an amount that is equivalent to the compensation that would have been payable if the licence applied to private land.

(2) The licensee and the Minister shall, within 45 days after the licence is granted, provide to each other a statement setting out an amount they consider to be fair compensation.

(3) The licensee and the Minister may agree the amount of compensation payable under subsection (1) and such amount may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

(4) In default of agreement, the compensation payable under subsection (1) shall be determined by the Mining Board.

(5) If the compensation awarded by the Mining Board is equal to or less than the amount that the licensee set out in the statement provided under subsection (2), the Board may, if the Board considers it appropriate to do so, order the Minister to bear his or her own costs and to pay the costs of the licensee in so far as those costs were incurred after the statement was provided.

(6) If the compensation awarded by the Mining Board is equal to or exceeds the amount that the Minister set out in the statement provided under subsection (2), the Board may, if the Board considers it appropriate to do so, order the licensee to bear his or her own costs and to pay the costs of the Minister in so far as those costs were incurred after the statement was provided.

(7) The Minister may apply regulations under section 127 to compensation awarded by the Mining Board under this section.

(8) The Minister’s right to compensation under subsection (1) is extinguished if an application to determine the amount of the compensation is not submitted to the Mining Board within 12 months after the ancillary surface rights licence has been granted.

PART 5 Rehabilitation

131. Definitions (Part 5)

131.In this Part—

“rehabilitation area” means an area designated under section 132;

“mine site” means the site of a mine at which minerals were worked before or after the coming into operation of this Part, and, without prejudice to the generality of the foregoing, includes the underground works and open pits of the mine, the surface where processing minerals has taken place, areas subject to any ancillary underground rights or ancillary surface rights and areas used for mineral and other waste disposal facilities and other ancillary facilities;

“rehabilitation plan” means the plan referred to in section 136.

132. Designation of rehabilitation areas

132. (1) The Minister, after consultation with the Minister for Housing, Planning, Community and Local Government, may, if the conditions in subsection (2) are met, by order designate any or all of the following as a rehabilitation area:

(a) a mine site that has been abandoned, or in respect of which operations have permanently ceased, before or after the coming into operation of this Part;

(b) any lands that are adjacent to a mine site referred to in paragraph (a) that are in need of rehabilitation as a result of the operations of the mine.

(2) The conditions for making the designation are the following:

(a) the rehabilitation of the mine site or adjacent land is necessary to ensure the health or safety of the public or animals or to address major environmental damage;

(b) the rehabilitation of the mine site is complex due to a combination of factors, such as the presence of pollution or hazardous substances, the physical stability of the ground, the heritage significance of the land or structures and the ownership of the land; and

(c) it is unlikely that the mine site or adjacent land will be rehabilitated within a reasonable time by the person who controls the site.

133. Right of entry before designation of rehabilitation area

133. (1) Subject to subsection (2), for the purpose of determining if a mine site and any adjacent lands should be designated as a rehabilitation area, the Minister may, at all reasonable times, enter—

(a) the site and adjacent lands, and

(b) other lands in order to gain access to the site and adjacent lands.

(2) At least 21 days before entering the mine site or lands, the Minister shall make reasonable efforts to deliver to all occupied dwellings and business premises on the mine site or lands and, if there is registered land within the mine site or lands, to the registered owners, a notice of the proposed entry.

134. Rehabilitation authority

134. (1) The Minister is the rehabilitation authority for each rehabilitation area.

(2) The rehabilitation authority shall prepare or adopt a rehabilitation plan in respect of each rehabilitation area and, if necessary, revise that plan.

(3) The rehabilitation authority has the power to do all things that are necessary or incidental to implement each rehabilitation plan and, without prejudice to the generality of this power, the authority may in respect of the rehabilitation area concerned—

(a) hire project managers, consultants and specialists,

(b) undertake an investigation of, and conduct tests in, the area,

(c) apply for and do all things necessary to obtain permissions or licences under any legislation,

(d) carry out remedial works, including those related to mine rehabilitation, associated structural engineering and road works in the area,

(e) divert, pump or treat water and ground water and construct, modify or repair settlement ponds in the area,

(f) arrange for the disposal of hazardous and non-hazardous waste either within or outside the area, and

(g) conduct long-term monitoring and maintenance of the area.

(4) Nothing in this Part requires the rehabilitation authority to implement a rehabilitation plan.

135. Authorisation of persons to exercise functions of rehabilitation authority

135. (1) The Minister may authorise any person in writing to exercise all or any of the functions of the rehabilitation authority under this Part in respect of any rehabilitation area and that person, when exercising those functions, shall be deemed to be the rehabilitation authority for the purposes of this Part.

(2) The Minister shall not authorise a local authority to exercise any of the functions referred to in subsection (1), without the prior written agreement of the Minister for Housing, Planning, Community and Local Government.

(3) An authorisation under this section to exercise any of the functions referred to in subsection (1) granted to any person other than a local authority or the Environmental Protection Agencyis subject to the condition that the person so authorised shall indemnify the Minister and the State against any claim or demand arising out of any act or omission of the person or the person’s officers, employees, agents or contractors in relation to the exercise of those functions.

(4) An authorisation under this section may contain such other terms and conditions as the Minister considers appropriate and the person authorised shall comply with such terms and conditions.

(5) Without prejudice to the generality of subsection (3), the indemnity referred to in that subsection includes all claims for damage to land and to minerals, houses, buildings, equipment and machinery and claims arising from personal injuries or death suffered by the officers, employees, agents or contractors of an authorised person, owners and any other person.

(6) A person shall not prepare, adopt, revise or implement a rehabilitation plan in respect of a rehabilitation area unless he or she has been authorised to do so by the Minister under subsection (1).

136. Rehabilitation plan

136. (1) The purpose of a rehabilitation plan is to provide for the long-term rehabilitation and maintenance of a rehabilitation area.

(2) In preparing or adopting a rehabilitation plan in respect of a rehabilitation area, the rehabilitation authority shall make reasonable efforts to consult with each of the following:

(a) the occupiers of dwellings and business premises in the area, and of any land over which access to the area may be required, and if there is registered land within the area, or land over which access is required, the registered owners of that land;

(b) any person who may have obligations with respect to the rehabilitation of the area;

(c) the local authorities within whose boundaries the rehabilitation area lies, the Environmental Protection Agency, the Departments of State with direct responsibility for national parks and wildlife and for national monuments and any statutory body that the rehabilitation authority considers appropriate in the circumstances;

(d) any individual or company, including any group or association of individuals or companies, that the rehabilitation authority considers appropriate in the circumstances.

(3) Before revising a rehabilitation plan, the rehabilitation authority shall, where appropriate, make reasonable efforts to consult with each of the persons referred to in subsection (2).

137. Public participation in preparation and revision of rehabilitation plan

137. (1) Where the rehabilitation authority proposes to prepare or, as the case may be, revise a rehabilitation plan it shall give public notice in accordance with this section and shall consider submissions in accordance with subsection (3).

(2) The rehabilitation authority 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 subject to the plan or revised plan, a map showing the boundaries of that area, together with a draft of the plan and the information on which the draft is based, and

(b) publish on the website of the Department of Communications, Climate Action and Environment, in a national newspaper and in at least one newspaper circulating in the vicinity of that area a notice stating that—

(i) the rehabilitation authority proposes to prepare or, as the case may be, revise the rehabilitation plan,

(ii) a map showing the boundaries of the area subject to the plan, together with a draft of the plan and the information on which the draft is based may be viewed at the places at which they have been deposited in accordance with paragraph (a), and

(iii) the public may send submissions that meet the requirements of subsection (3) to the rehabilitation authority at an address specified in the notice.

(3) The rehabilitation authority shall consider any submissions 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) are relevant to the proposed plan.

138. Outcome of public participation on rehabilitation plan

138. (1) Where public participation has taken place in accordance with section 137 the rehabilitation authority shall—

(a) take due account of the outcome of the public participation in its preparation or, as the case may be, revision, of the rehabilitation plan, and

(b) make a copy of the plan or revised plan available to the public at the offices of the Department of Communications, Climate Action and Environment and on the Department’s website.

(2) The procedure for seeking judicial review of the preparation or revision of a rehabilitation plan and the costs of any such judicial review are governed by Part 2 of the Environment (Miscellaneous Provisions) Act 2011.

139. Right of entry after designating area

139. (1) Subject to subsection (2), for the purposes of preparing, adopting, revising or implementing a rehabilitation plan in respect of a rehabilitation area, the rehabilitation authority may, at all reasonable times, enter the area and other lands in order to gain access to the area.

(2) At least 21 days before entering the rehabilitation area or other land, the Minister shall make reasonable efforts to deliver to all occupied dwellings and business premises within the area or lands and, if there is registered land within the area or lands, to the registered owners, a notice of the proposed entry.

140. Evidence of authority

140. (1) The owner or occupier of land may request evidence of authority in respect of a person exercising a power to enter land under this Part.

(2) Evidence of authority may be given by producing for inspection a document issued by the rehabilitation authority that identifies the person as an officer or agent of the Minister or rehabilitation authority together with personal identification.

141. Liability for damage or nuisance by rehabilitation authority

141. (1) If damage to the surface of any land, to minerals or to water supplies or a nuisance is caused, directly or indirectly, by a rehabilitation authority implementing a rehabilitation plan, the rehabilitation authority is liable to pay compensation for the damage or nuisance.

(2) 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 for compensation under subsection (1).

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

(4) 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.

142. Funding of rehabilitation plan

142. (1) The Minister may allocate funds out of monies provided by the Oireachtas towards the preparation, adoption, revision or implementation of a rehabilitation plan, including the reasonable administration costs of persons authorised to exercise the functions of the Minister as a rehabilitation authority.

(2) For the purposes of preparing, adopting, revising or implementing a rehabilitation plan the Minister may, with the prior consent of the Minister for Public Expenditure and Reform, from time to time advance to a person authorised to exercise the functions of the Minister as a rehabilitation authority out of monies provided by the Oireachtas such sums, by way of grant or loan (where appropriate), as the Minister may determine and on such terms and conditions as he or she considers necessary.

143. Recovery of expenditures under this Part

143. (1) Any expenditure incurred under this Part in the implementation of a rehabilitation plan may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction from—

(a) the former lessee or licensee who had been responsible for the mine site being rehabilitated, and

(b) any person that has any legal obligation to rehabilitate that area.

(2) The expenditure referred to in subsection (1) does not include compensation paid under section 141 unless the damage or nuisance was unavoidable in order to carry out the rehabilitation works.

144. Existing obligations not affected

144. Nothing in this Part affects any obligation of—

(a) the former lessee or licensee who had been responsible for a mine site,

(b) the owner or occupier of the mine site, or

(c) any other person in respect of the mine site.

145. Acquisition of lands by agreement or rehabilitation acquisition order

145. The Minister may, with the prior consent of the Minister for Public Expenditure and Reform, for the purposes of implementing a rehabilitation plan, do either or both of the following:

(a) purchase by agreement an estate or interest in private land that the Minister considers necessary or expedient for those purposes;

(b) acquire compulsorily, by a rehabilitation acquisition order, an estate or interest in private land that the Minister considers necessary for those purposes.

146. Public notice before making rehabilitation acquisition order

146. (1) Before making a rehabilitation acquisition order, the Minister shall give public notice in accordance with this section that the Minister intends to make the order 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 affected by the proposed order a map showing the boundaries of the area and a copy of the proposed order,

(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 area to be affected by the proposed order a notice stating that—

(i) the Minister intends to make the order that will compulsorily acquire an estate or interest in specified land,

(ii) a map showing the boundaries of the area to be affected by the order and a copy of the proposed order may be viewed at the places at which they have been deposited in accordance with paragraph (a) and that copies can be obtained at a specified office of the Department of Communications, Climate Action and Environment on payment of a fee, and

(iii) any person claiming to have an estate or interest in the area to be affected by the proposed order may send written objections that meet the requirements of subsection (3) to the Minister at an address specified in the notice,

and

(c) make reasonable efforts to deliver to all occupied dwellings and business premises within the area to be affected by the proposed order and, if there is registered land within that area, to the registered owners of that land a notice that—

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

(ii) includes a map showing the boundaries of the area to be affected and a copy of the proposed order.

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

(a) are in writing from persons claiming an estate or interest in the land to be affected 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,

(b) relate to whether the estate or interest to be acquired is necessary for implementing the rehabilitation plan, and

(c) do not deal with compensation.

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

147. Oral hearing before making rehabilitation acquisition order

147. (1) If the Minister is required to consider one or more objections in accordance with section 146(3), the Minister may, if he or she considers it necessary that an oral hearing be held concerning one or more of those objections, appoint a suitably qualified person (referred to in this section as the “hearing officer”) to conduct such a hearing and to provide recommendations to the Minister.

(2) The hearing officer shall—

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

(b) based on such hearing, provide written recommendations to the Minister within 75 days after the day of his or her appointment or such longer period as the Minister may specify.

(3) Any person claiming an estate or interest in the land affected by the proposed rehabilitation acquisition order is entitled to appear, be heard and adduce evidence at the oral hearing and may do so personally or by counsel or solicitor.

(4) The Minister shall decide whether to make the rehabilitation acquisition order within 14 days after the day he or she receives the recommendations of the hearing officer or such longer period as the Minister may specify in a notice to the persons who made the objections considered by the officer.

148. Decision of Minister if no oral hearing

148. If the Minister is required to consider one or more objections in accordance with section 146(3) and decides that an oral hearing is not necessary, the Minister shall decide whether to make the rehabilitation acquisition order 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.

149. Rehabilitation acquisition order

149. (1) The Minister, with the prior consent of the Minister for Public Expenditure and Reform, may by order to be known as a “rehabilitation acquisition order” compulsorily acquire an estate or interest in private land for the purpose of implementing a rehabilitation plan if—

(a) the requirements of section 146 regarding public notice and consideration of objections have been complied with,

(b) the Minister has considered the recommendations of the hearing officer where an oral hearing has been conducted under section 147, and

(c) the Minister is satisfied that it is necessary to compulsorily acquire the estate or interest in the land.

(2) A rehabilitation acquisition order shall—

(a) specify the estate or interest acquired, including its duration, and describe the land affected,

(b) in the case of the vesting of the fee simple estate, identify any interests to which the estate is subject, and

(c) contain such supplementary or ancillary provisions as the Minister considers appropriate.

(3) On the making of a rehabilitation acquisition order for the purpose of acquiring an estate or interest in land, the estate or interest is vested in the Minister on behalf of the State.

(4) The vesting of an estate or interest under subsection (3) that affects registered land occurs when the order is made notwithstanding the provisions of the Registration of Deeds and Title Acts 1964 and 2006.

(5) The Statutory Instruments Acts 1947 and 1955 do not primarily apply (within the meaning of those Acts) to an order made under subsection (2).

150. Registration of Minister as owner

150. The Property Registration Authority shall, on production of a rehabilitation acquisition order under the official seal of the Minister that vests the fee simple in the Minister—

(a) register the Minister as owner of the freehold land described in the order as tenant in fee simple having an absolute title in that land, subject to such burdens as may be specified in the order, and

(b) make any alterations to any register that are appropriate having regard to the terms of the order.

151. Rehabilitation acquisition order and compensation

151. (1) Where, immediately before a rehabilitation acquisition order is made by the Minister, any person had an estate or interest in the land acquired by the order, the person may, at any time after the making of the order, apply to the Minister for compensation.

(2) After receiving an application and being satisfied that the applicant had an estate or interest in the land acquired by the rehabilitation acquisition order, the Minister shall, subject to section 152, pay to the person by way of compensation an amount equal to the value (if any), on the date of the order, of that estate or interest together with interest at such rate as the Minister, with the prior consent of the Minister for Public Expenditure and Reform, may determine from time to time, on the amount from that date to the date of the payment.

(3) The compensation to be paid shall, in default of agreement, be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act 1919.

152. Regulations applying Lands Clauses Consolidation Act 1845 and compulsory acquisition under section 149

152. (1) The Minister may by regulations, in such cases (if any) and to such extent as he or she considers necessary for the purposes of compulsory acquisition under section 149, apply all or any of the provisions of sections 69 to 83 of the Lands Clauses Consolidation Act 1845 as if—

(a) such compensation were purchase money or compensation under that Act, and

(b) the Minister were the promoter of the undertaking,

together with any other necessary modifications.

(2) Where money is paid into court under section 69 of the Lands Clauses Consolidation Act 1845, as applied by the Minister under subsection (1), no costs shall be payable by the Minister to any person in respect of any proceedings for the investment, payment of income or payment of capital of such money.

153. Powers of local authority not affected

153. Nothing in section 149 shall be read as restricting the powers of a local authority to compulsorily acquire a mine site that has been abandoned or in respect of which operations have permanently ceased, or any part of such site, under the Derelict Sites Act 1990 or under any other enactment.

PART 6 Mining Board

Chapter 1 Continuation of Mining Board and Administrative Matters

154. Continuation of Mining Board

154. (1) The Mining Board, established under section 33 of the Minerals Development Act 1940, is continued in being and shall perform the functions conferred on it by this Act, the Petroleum and Other Minerals Development Acts 1960 and 1995 and any other Act.

(2) The Mining Board shall continue to be known by that name in the English language and shall be known in the Irish language as An Bord Mianadóireachta.

(3) The Mining Board is a body corporate with perpetual succession and an official seal and with the power—

(a) to sue and be sued in its corporate name, and

(b) to acquire, hold and dispose of land, or an interest in land and other property.

(4) The Mining Board shall be independent in the performance of its functions.

155. Membership and qualifications

155. (1) The Mining Board consists of its members, being a chairperson and 2 ordinary members, who are appointed by the Government on the recommendation of the Minister.

(2) The chairperson of the Mining Board shall be a practising barrister or solicitor of at least 10 years standing.

(3) Each ordinary member of the Mining Board shall be a person who is a property arbitrator appointed under the Property Values (Arbitrations and Appeals) Act 1960.

156. Disqualification

156. A member of the Mining Board shall cease to be qualified, and cease, to be a member of the Mining Board if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or an arrangement with creditors,

(c) is sentenced by a court of competent jurisdiction to a term of imprisonment, or

(d) is convicted of an indictable offence.

157. Exclusion resulting from membership of either House of the Oireachtas, European Parliament or local authorities

157. (1) A person shall cease to be a member of the Mining Board where the person—

(a) is, with the person’s consent, nominated as a candidate for election to either House of the Oireachtas or the European Parliament,

(b) is elected as a member of either House of the Oireachtas or of the European Parliament,

(c) is nominated as a member of Seanad Éireann,

(d) is regarded under Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament to fill a vacancy, or

(e) becomes a member of a local authority or is, with the person’s consent, nominated as a candidate for election as such a member.

(2) A person who is for the time being entitled under the Standing Orders of either Houses of the Oireachtas to sit therein or who is a member of the European Parliament shall, while so entitled or such a member, be disqualified from becoming a member of the Mining Board.

(3) A person who is a member of a local authority shall be disqualified from becoming a member of the Mining Board while he or she is a member of such local authority.

158. Term of members

158. The term of a member of the Mining Board is 5 years and a member may be reappointed for a second or subsequent term.

159. Removing member

159. (1) The Government may remove a member of the Mining Board from office if, in the Government’s opinion—

(a) the member has become incapable through ill-health of being a member of the Board,

(b) the member has committed stated misbehaviour, or

(c) the member’s removal appears to be necessary for the effective performance of the functions of the Board.

(2) The Minister shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for any such removal.

160. Resignation of membership

160. A member of the Mining Board may resign by written notice given to the Minister and the resignation takes effect on the date specified in the notice or on the date on which the Minister receives the notice, whichever is later.