Minerals Development Act 2017

Type Act

Publication 2017-07-26

State In force

Source Irish Statute Book

articles 256

161. Membership on temporary basis

161. (1) If any member of the Mining Board is for any reason temporarily unable to attend the sittings of the Board or ceases to be a member of the Board or is removed or resigns, the Minister may appoint another person as a member on a temporary basis.

(2) No person may be appointed on a temporary basis unless the person possesses the qualification required by section 155(2) or (3), as the case may be.

162. Appointment of secretary and other staff

162. (1) The Minister shall appoint a secretary of the Mining Board and may, subject to the prior consent of the Minister for Public Expenditure and Reform as to their number, appoint such other staff as the Minister considers necessary for assisting the Board in the performance of its functions.

(2) The secretary and each member of the staff shall be a civil servant, within the meaning of the Civil Service Regulation Act 1956, who is seconded to the Mining Board either on a whole-time or part-time basis.

163. Appointment of consultants and advisers

163. The Mining Board may from time to time, with the approval of the Minister and the prior consent of the Minister for Public Expenditure and Reform, engage under contract such consultants and advisers as it may consider necessary for the discharge of its functions.

164. Payment of members, consultants and advisers

164. The following shall be paid, with the approval of the Minister and the prior consent of the Minister for Public Expenditure and Reform, as part of the expenses of the administration of this Act:

(a) the remuneration and expenses of the members of the Mining Board;

(b) payments due to a consultant or adviser engaged by the Mining Board.

165. Indemnification

165. (1) The Minister may, in the manner and to the extent and subject to the terms and conditions that the Minister may determine from time to time, indemnify a person to whom this section applies against all actions or claims however they arise in respect of the performance of the person’s functions if the Minister is satisfied that the person has acted in good faith.

(2) This section applies to—

(a) a member of the Mining Board, and

(b) a consultant or adviser engaged by the Mining Board.

166. Seal

166. (1) The seal of the Mining Board shall be authenticated by the signature of—

(a) a member of the Board, or

(b) a member of the staff of the Board who is authorised to do so by the Board in writing under the seal of the Board.

(2) Judicial notice shall be taken of the seal of the Mining Board and an instrument purporting to be an instrument made by the Board and to be sealed with the seal (purporting to be authenticated in accordance with subsection (1)) shall be received in evidence and be deemed to be such an instrument without further proof, unless the contrary is shown.

167. Payments to be deposited into Exchequer

167. All payments received by the Mining Board shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform directs.

168. Disclosure of confidential information

168. (1) A person who discloses confidential information obtained while performing his or her functions, or in his or her capacity, as a member of the Mining Board, the secretary or other member of the staff of the Board or a consultant or adviser engaged by the Board, unless the person is authorised by the Board to do so, commits an offence.

(2) Subsection (1) shall not operate to prohibit the disclosure of confidential information by a person referred to in that subsection to the Mining Board.

(3) A person who commits an offence under subsection (1) is liable—

(a) on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment to a fine of €50,000 or imprisonment for a term of 2 years or to both.

(4) In subsection (1) “confidential information” includes information, or information of a particular class or description of information, expressed by the Mining Board to be confidential.

Chapter 2 General Provisions Relating to Mining Board Decisions

169. Quorum and decisions

169. The quorum of the Mining Board is all 3 members and its decisions may be made by a majority of its members.

170. Hearings open to public

170. The hearings of the Mining Board are open to the public unless the Board directs that the public is excluded.

171. Rules for procedure and practice

171. (1) The Mining Board may make rules regarding procedure and practice, including—

(a) the times and places of the sittings of the Board,

(b) the persons to whom and the times and manner in which notice of the sittings of the Board are to be given, and

(c) such other matters in relation to the practice and procedure of the Board as the Board may consider necessary or expedient for the proper conduct of its business.

(2) Every rule made by the Mining Board shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the rule is passed by either such House within the next 21 days on which the House has sat after the rule is laid before it, the rule shall be annulled accordingly but without prejudice to the validity of anything previously done under the rule.

172. Infants and persons of unsound mind

172. For the purpose of proceedings before the Mining Board, the Board may apply in a summary manner to the High Court for the appointment of—

(a) a person to represent the interests of a minor or a person of unsound mind if there is no person duly authorised by law to represent those interests, and

(b) a person to represent the interests of any person who has not been found or ascertained after due diligence and in respect of whom no other person has been duly appointed to represent those interests.

173. Entering and conducting investigation on land

173. (1) Any member of the Mining Board and any person authorised in that behalf by the Board may for any purpose connected with the performance of its functions enter and conduct an investigation on any land as the Board considers necessary.

(2) Any person who obstructs or otherwise interferes with any member of the Mining Board or any person authorised by the Board in the due exercise of the powers conferred on such member or person by subsection (1) commits an offence and is liable on summary conviction to a class A fine.

174. Injunction

174. The High Court may, on the application of the Mining Board, grant an injunction, in the case of a member of the Board or any person authorised by the Board being obstructed or impeded in the exercise of the powers conferred on the Board, or on an authorised person, by section 173(1), directing a person to refrain from obstructing or impeding the member of the Board or the authorised person when that member or authorised person is exercising his or her powers.

175. Witnesses and production of documents and property

175. (1) Subject to the other provisions of this Act, the Mining Board has all the powers, rights, privileges and duties of the High Court or a judge of the High Court when hearing an action that relate to—

(a) enforcing the attendance of witnesses,

(b) examining witnesses on oath (which any member of the Board is hereby authorised to administer) or otherwise, and

(2) The chairperson or any ordinary member of the Mining Board may issue a summons for the purposes of exercising the powers, rights, and privileges and performing the duties referred to in subsection (1)(a) and (c).

(3) Subsection (2) does not limit the generality of subsection (1).

(4) Subject to any rules under section 171 and to the necessity of observing fair procedures, the Board may receive evidence given—

(a) orally before the committee,

(b) by statutory declaration,

(5) A witness appearing before the Mining Board has the same immunities and privileges as a witness before the High Court.

176. Offence relating to witnesses and production of documents and property

176. A person who—

(a) having been summoned under section 175 to attend before the Mining Board defaults in attending,

(b) being in attendance before the Mining Board, refuses to take the oath on being required by the Board to do so or refuses to answer any question in respect of which the Board may legally require an answer,

(c) having been summoned under section 175 to produce records or other documents or property in the person’s power or control, or within the person’s procurement, refuses to produce the document or property, or

(d) does any other thing that, if the Mining Board were a court having power to commit for contempt of court, would be contempt of such court,

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.

177. Referral of questions of law to High Court

177. (1) The Mining Board may at any stage in proceedings, on its own motion or on the application of any party to the proceedings, refer any question of law by way of case stated for the determination of the High Court, and shall adjourn the proceedings pending the determination.

(2) Any party to proceedings before the Mining Board who is aggrieved by the refusal of the Board to state a case on a question of law may apply, either before or within 21 days after the day that the Board makes its decision, to the High Court in a summary manner for an order directing the Board to state a case for the determination of the High Court on the question.

(3) The High Court, on receiving an application under subsection (2), may make the requested order, and, in that event—

(a) the Mining Board shall comply with its terms even though the Board may have given its decision, and

(b) if the Mining Board has already given its decision, the decision is annulled accordingly and the Board shall make a new decision following the determination of the case stated.

(4) The costs of any reference to the High Court under this section are in the discretion of that Court.

178. Judicial review

178. (1) Subject to subsection (2), a person shall not question a decision of the Mining Board otherwise than by way of an application to the High Court for judicial review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986).

(2) Nothing in this section affects the rights of a party under section 177.

(3) For the purposes of this section, an application for leave to apply for judicial review shall—

(a) be made within the period of 3 months commencing on the date on which the decision was made, unless the High Court, on the basis of evidence put before it, is satisfied that there is a good and substantial reason for extending the period, and

(b) be made by motion on notice, grounded in the manner specified under Order 84 of the Rules of the Superior Courts in respect of an ex parte motion for such leave in accordance with that Order, to the Mining Board, the Minister and any other party concerned.

(4) The High Court may, before hearing an application to which this section relates, direct that notice of it also be served on such persons as the Court may specify.

(5) An application to which this section relates for leave to apply for judicial review, shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed.

(6) The determination of the High Court on an application to which this section relates for leave to apply for judicial review, or an application for judicial review, is final, and no appeal from the determination lies to the Court of Appeal in either case, except by leave of the High Court.

(7) The High Court shall grant leave to appeal under subsection (6) only where that Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal be taken to the Court of Appeal.

(8) Subsection (6) does not apply to a determination of the High Court, in so far as it involves a question of the validity of any law having regard to the provisions of the Constitution.

179. Costs

179. (1) The costs of the parties in any proceedings before the Mining Board shall be in the discretion of the Board, and the Board may, by its decision, direct to whom, by whom and in what manner those costs or any part of the costs shall be paid.

(2) When the determining compensation in accordance with section 94, the Mining Board shall comply with the provisions of that section that relate to costs.

(3) When determining compensation as a result of a mining facilities acquisition order, the Mining Board shall comply with section 126 in awarding costs.

(4) The Mining Board may, with the consent of the parties concerned, fix the amount of costs to be paid or, in default of such consent, may refer the costs to a Taxing Master of the High Court for taxation and the costs as so taxed are recoverable as a simple contract debt in any court of competent jurisdiction.

(5) If the Mining Board orders an applicant for compensation to pay all or part of the costs of the person by whom the compensation is payable, the person may deduct the amount of the costs from the amount of the compensation.

(6) For the purpose of this section, costs include any fees, charges and expenses of the decision.

180. Improperly influencing Mining Board

180. (1) A person who communicates with a member of the Mining Board, the secretary or another member of staff of the Board or a consultant or adviser engaged by the Board, for the purpose of influencing improperly the deliberations of the Board commits an offence.

(2) A person who commits an offence under subsection (1) is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

(3) If a member, secretary, other staff member, consultant or adviser is of the opinion that a person has communicated with him or her in contravention of subsection (1), he or she shall not entertain the communication further and shall immediately inform the Mining Board in writing of the substance of the communication and the Mining Board shall acknowledge in writing the receipt of such information.

Chapter 3 Jurisdiction of the Mining Board under this Act

181. Application of Chapter 3

181. This Chapter applies only in respect of the following matters:

(a) whether a person is entitled under section 11 or 36 to compensation for the sale of private minerals relating to prospecting activities and the compensation payable in accordance with either section;

(b) whether damage or nuisance to which section 51 relates was caused by the Minister or a licensee under a prospecting licence or retention licence when prospecting for minerals and the amount of compensation for the damage or nuisance;

(c) whether a person is entitled, as determined under section 91, to compensation in relation to private minerals extracted by a licensee under a mining licence;

(d) the calculation under section 94 of compensation payable in relation to private minerals extracted by a licensee under a mining license;

(e) whether damage or nuisance to which section 98 relates was caused by a licensee under a mining licence when working minerals or exercising ancillary underground or surface rights and the amount of compensation for the damage or nuisance;

(f) the compensation payable pursuant to section 107 in relation to the exercise of an ancillary underground right;

(g) whether a person is entitled pursuant to section 125 to compensation as a result of the acquisition of an estate or interest in land or an ancillary surface right under a mining facilities acquisition order and the amount of compensation for that estate, interest or right;

(h) the compensation payable pursuant to section 130 in relation to the exercise of an ancillary surface right over State land;

(i) whether damage or nuisance to which section 141 relates was caused by the rehabilitation authority when implementing a rehabilitation plan and the amount of compensation for the damage or nuisance.

182. Applications

182. (1) The Mining Board may accept an application to determine a matter under this Chapter only if it is made by—

(a) the Minister,

(b) any person entitled, or claiming to be entitled, to compensation, or

(2) Every application shall contain the information, documents and evidence required by the Mining Board’s rules and such other information or documents as the Board may specify and every application made by an applicant referred to paragraph (b) or (c) of subsection (1) shall be accompanied by the prescribed application fee, if any.

183. Application fees

183. (1) The Minister, with the prior consent of the Minister for Public Expenditure and Reform, may make regulations setting fees for applications submitted to the Mining Board.

(2) Regulations under this section may set different fees in respect of different types of application.

(3) The Minister, when setting application fees, shall have regard to the administrative costs associated with processing an application, including the costs of determining if the requirements of an application have been met.

184. Right of audience before Mining Board

184. On the hearing of any application before the Mining Board only the following persons are entitled to appear, be heard and adduce evidence and may do so personally or by counsel or solicitor:

(a) the Minister;

(b) any person entitled, or claiming to be entitled, to compensation;

(d) any person claiming to have an estate or interest in land in respect of which compensation is claimed.

185. Decisions of Mining Board

185. (1) Every decision of the Mining Board shall be in writing and contain the following:

(a) a statement setting out the Board’s conclusions with respect to the issues that were to be determined under the application and the reasons for those conclusions;

(b) if compensation is awarded—

(i) a statement setting out the amount of the compensation and how the amount was calculated and the manner of payment,

(ii) the name of the person by whom compensation is payable, and

(iii) the name of the person to whom compensation is payable;

(2) The Mining Board shall send a copy of the decision to the Minister, to the persons who appeared before it and, if the matter relates to land that is subject to a licence granted under this Act, to the licensee.

(3) The Minister may publish a decision of the Mining Board, in particular on the website of the Department of Communications, Climate Action and Environment.

186. Enforcement of decision

186. An award or other decision of the Mining Board may, by leave of the High Court, be enforced in the same manner as a judgement or order of the High Court to the same effect and, where leave is so given, judgement may be entered in terms of the award or decision.

187. Certificate

187. A certificate, purporting to be certified by the secretary of the Mining Board, which contains a statement of—

(a) the fact that the Board has made a decision,

(b) if compensation was awarded, the amount of the compensation, how the amount was calculated and the manner of payment,

(d) the person to whom the compensation is payable,

shall be received in all legal proceedings as prima facie evidence of the matters so certified without proof of the signature of the person by whom such certificate purports to be certified or that the person was in fact the secretary of the Board.

188. Missing or unascertained recipients of compensation

188. (1) If the Mining Board determines that any compensation is payable under this Act to a person, and the person cannot be found or ascertained, then the amount of the compensation shall, subject to subsection (2), be paid into the High Court and sections 69 to 80 of the Lands Clauses Consolidation Act 1845 apply to any compensation so payable.

(2) Where a person to whom subsection (1) relates cannot be found but a debt to which section 189 applies is due and owing by the person, then the Minister may deduct that amount in accordance with that section before paying the remainder of the compensation (if any) into the High Court.

(3) Sections 69 to 80 of the Lands Clauses Consolidation Act 1845 apply to the compensation paid into the High Court under this section.

189. Deductions from compensation for debts

189. If under this Act the Minister is required by a decision of the Mining Board to make a payment to a person and a debt is due and owing by that person to any Minister of the Government or to the Central Fund, the Minister may deduct the amount of the debt from the payment, and may direct that the amount so deducted (as the case may require) be paid to the appropriate Minister of the Government or paid into, or disposed of, for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform directs.

PART 7 Enforcement and Miscellaneous

Chapter 1 Enforcement

190. Unlawful prospecting for or working of minerals

190. (1) No person other than the Minister or his or her servants or agents shall prospect for or attempt to prospect for minerals in or on land unless they are authorised to do so by a licence granted under this Act.

(2) No person shall work or attempt to work minerals in or on land, or sell minerals so worked or obtained from such working, unless they are authorised to do so by a licence granted or continued under this Act.

(3) Subsection (2) does not apply in respect of excepted minerals.

(4) Every person who contravenes subsection (1) or (2) commits an offence and is liable—

(a) on summary conviction to a class A fine, or

(b) on conviction on indictment to a fine not exceeding €250,000.

(5) In a prosecution for an offence under this section, a certificate purporting to be signed by an officer of the Minister certifying that the person charged was not on a specified day the holder of a licence granted under this Act that authorised the alleged conduct in the area in which the alleged conduct occurred, shall, without proof of the signature of the person purporting to sign such certificate or that he or she was an officer of the Minister, be sufficient evidence of the matters set out in the certificate until the contrary is shown.

191. Inspectors

191. (1) The Minister may appoint inspectors for the purposes of the enforcement of this Act and the carrying out of inspections and investigations under this Act, including but not limited to—

(a) inspections of work being carried out under a licence granted or continued under this Act,

(b) inspections of rehabilitation activities in respect of mines of State minerals or private minerals,

(d) investigations of possible unlawful prospecting for, or working of, State minerals or private minerals, and

(e) inspections of mines of excepted minerals to determine whether or not minerals are being worked or are being worked efficiently.

(2) The Minister shall furnish evidence of appointment to every inspector appointed under this section.

(3) When exercising his or her functions an inspector shall, if requested by a person affected, produce for inspection evidence of appointment as an inspector together with personal identification.

192. Indemnification

192. The Minister may, in the manner and to the extent and subject to the terms and conditions that the Minister may determine from time to time, indemnify an inspector against all actions or claims however they arise in respect of the performance of the person’s functions if the Minister is satisfied that the person has acted in good faith.

193. Duty to assist inspectors

193. (1) Every licensee under a prospecting licence, retention licence, or mining licence shall—

(a) allow an inspector to have access at all reasonable times to the land specified in the licence and to all surface structures and underground workings used by the licensee,

(b) produce to an inspector on request—

(i) any record that is required to be kept under, and

(ii) any information regarding his or her compliance with,

this Act, the regulations or the licence, and

(c) provide to an inspector on request drill cores and specimens of minerals or rock obtained prospecting for, or working, minerals.

(2) Every owner or manager of a mine of excepted minerals shall allow an inspector to have access at all reasonable times to the mine site and to all surface and underground structures and workings used in the mine operations.

194. Access to land

194. Where it appears to the Minister or an inspector that minerals are being prospected for or worked unlawfully on land, an inspector shall have the right of access to the land and to any surface structures and underground workings that appear to be used for the purposes of prospecting for or working minerals in order to ascertain whether any such unlawful activity is being carried out and every owner and occupier of the land shall allow an inspector to have access to the land, structures and workings at all reasonable times.

195. Private dwellings

195. Notwithstanding any other provision of this Act, the right to enter or access land or any structures or buildings under this Act does not include the right to enter a private dwelling.

196. Obstruction of inspector

196. A person who fails to comply with section 193 or 194 or obstructs or otherwise interferes with an inspector in the due performance of his or her functions commits an offence and is liable on summary conviction to a class A fine.

197. Injunctions

197. (1) The High Court may, on the application of the Minister or an inspector, grant an injunction directing a person—

(a) in the case of unauthorised working or prospecting for minerals that is being or is likely to be carried out or continued, to do or not to do or to cease to do anything, as the Court considers necessary, including to restore, so far as practicable, any land affected by the unauthorised working or prospecting to its condition prior to the commencement of the unauthorised activity,

(b) in the case of the Minister being prevented from exercising the powers under section 100(1) in respect of abandoned mines, to refrain from interfering with the exercise of those powers,

(c) in the case of the Minister’s officers or agents being prevented from entering on any land for the purposes of determining if an area should be designated as a rehabilitation area under section 132 or for the purposes of preparing, adopting, revising or implementing a rehabilitation plan under section 139, to refrain from interfering with such entry, and

(d) in the case of the Minister’s officers or agents being prevented from implementing a rehabilitation plan, to refrain from interfering with the implementation.

(2) The High Court may on the application of—

(a) the Minister when the Minister is being prevented from acting under this Act, or

(b) the licensee referred to paragraph (i) to (iii) when the licensee is being prevented from so acting,

grant an injunction directing a person—

(i) in the case of the Minister or a licensee under a prospecting licence or retention licence being prevented from entering land to prospect for minerals, to allow the entry and prospecting to take place,

(ii) in the case of the Minister or a licensee under a mining licence being prevented from exercising an ancillary surface right that the Minister or the licensee is entitled to exercise, to refrain from interfering with that right, and

(iii) in the case of a licensee under a mining licence being prevented from exercising an ancillary underground right, to refrain from interfering with that right.

(3) The High Court may, on the application of the Minister, grant an injunction directing a licensee under a prospecting licence, retention licence, or mining licence who refuses to comply with a request for information from the Minister under this Act within the time specified or refuses to grant an inspector access to information, to provide the information or to grant access to it.

198. Power to grant injunction after conviction

198. A judge of the High Court or Circuit Court who finds that a person has committed an offence under this Act may, on the application of the prosecution and if satisfied that there is a likelihood of a further occurrence of the prohibited conduct or a further contravention by the person of the obligation under this Act, grant an injunction or such other relief as the Court deems necessary to prevent the further occurrence of the prohibited conduct or contravention of the obligation.

199. Prosecution of offences brought by summary proceedings

199. (1) Summary proceedings in relation to an offence under sections 33(5), 34(4), 35(4), 37(4), 52(4), 82, 100(4), 190(4), 196, 210(6), 227 and 228 may be brought and prosecuted by the Minister.

(2) Summary proceedings in relation to an offence under section 168, 173(2), 176 or 180 may be brought and prosecuted by the Mining Board.

200. Time limit for offences that may only be brought by summary proceedings

200. (1) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act to which that provision applies may be instituted—

(a) within 12 months after the date on which the offence was committed, or

(b) within 6 months after the date on which evidence sufficient, in the opinion of the person instituting the proceedings, to justify proceedings comes to that person’s knowledge,

whichever is the later, provided that no such proceedings shall be commenced later than 2 years after the date on which the offence concerned was committed.

(2) For the purposes of subsection (1)(b), a certificate signed by or on behalf of the person initiating the proceedings as to the date on which evidence referred to in that subsection came to his or her knowledge shall be evidence of that date and, in any legal proceedings, a document purporting to be a certificate under this subsection and to be so signed shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

201. Offences by bodies corporate

201. (1) Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate commits an offence and is liable to be proceeded against and punished as if he or she had committed the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

Chapter 2 Public Participation and Access to Justice in Relation to Decisions on Specific Activities

202. Activities which may have significant effect on environment

202. (1) Before making any decision under this Act which permits an activity in respect of which planning permission is not required under the Planning and Development Acts 2000 to 2016 the Minister shall determine whether such activity is one which may have a significant effect on the environment.

(2) For the purposes of determining whether an activity may have a significant effect on the environment the Minister shall have regard to the following:

(a) the characteristics of the proposed activity, in particular—

(i) the nature and duration of the activity,

(ii) the resource requirements, in particular land, soil and water, of the activity,

(iii) the type and volume of waste produced by the activity and the method proposed for its disposal,

(iv) the measures and protocols proposed in order to minimise environmental impact and the risk of potential pollution or nuisance;

(b) the location and zone of influence of the proposed activity, with particular regard to—

(i) any area proposed as a natural heritage area and the subject of a notice made under section 16(1) of the Wildlife (Amendment) Act 2000,

(ii) any area designated as, or proposed to be designated as, a natural heritage area by a natural heritage area order made under section 18 of the Wildlife (Amendment) Act 2000,

(iii) any nature reserve established or proposed to be established under an establishment order made under section 15 (as amended by section 26 of the Wildlife (Amendment) Act 2000) of the Wildlife Act 1976,

(iv) any nature reserve recognised or proposed to be recognised under a recognition order made under section 16 (as amended by section 27 of the Wildlife (Amendment) Act 2000) of the Wildlife Act 1976,

(v) any refuge for fauna or flora designated or proposed to be designated under a designation order made under section 17 (as amended by section 28 of the Wildlife (Amendment) Act 2000) of the Wildlife Act 1976,

(vi) national parks, and

(vii) national monuments (within the meaning of section 2 of the National Monuments Act 1930);

(i) surface water and groundwater, including the risk to human health from contamination of water sources,

(ii) any area designated as a special area of conservation pursuant to Regulation 14 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), and

(iii) any areas designated by the State as special protection areas pursuant to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009[^1] on the conservation of wild birds.

(3) The Minister shall publish any determination made under subsection (1), and the reasons for such determination, including publication on the website of the Department of Communications, Climate Action and Environment together with information on the procedure for seeking to have the decision judicially reviewed and notification that the costs of any such judicial review are governed by Part 2 of the Environment (Miscellaneous Provisions) Act 2011.

203. Public participation in decisions authorising certain activities

203. (1) Where the Minister determines under section 202(1) that a decision under this Act may permit an activity which may have a significant effect on the environment, the Minister shall give public notice in accordance with this section that the Minister proposes to make the decision concerned and shall consider any matters that meet 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 subject to the decision, a map showing the boundaries of that area, together with the information relevant to the proposed decision, 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 describing the nature of the decision and stating that—

(i) the Minister proposes to make the decision,

(ii) a map showing the boundaries of that area to be subject to the decision, together with the information relevant to the proposed decision may be viewed at the places at which they have been deposited in accordance with paragraph (a), and

(iii) the public may send written comments, information, analyses and opinions that meet the requirements of subsection (3) to the Minister at an address specified in the notice.

(3) The Minister shall consider any comments, information, analyses and opinions 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 activity to be permitted by the proposed decision.

(4) In this section “information relevant to the proposed decision” includes—

(a) a copy of the application on which the decision is based,

(b) a description of the site and the physical and technical characteristics of the proposed activity, including an estimate of the expected residues and emissions,

(d) a description of the measures envisaged to prevent or reduce the effects, including emissions,

(e) a non-technical summary of the information referred to in paragraphs (a) to (d),

(f) where relevant, an outline of the main alternatives studied by the person seeking to carry out the activity,

(g) details of any 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,

and

(h) the main reports and advice that have been issued to the Minister at the time of the notification referred to in subsection (2)(b).

(5) Notwithstanding this section, the Minister may, taking into account the public interest served by disclosure and whether the information concerned relates to emissions into the environment, refuse to disclose any information if the disclosure would adversely affect—

(a) the confidentiality of the proceedings of public authorities, where such confidentiality is provided for under any enactment,

(b) international relations, national defence or public security,

(c) the administration of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an enquiry of a criminal or disciplinary nature,

(d) the confidentiality of commercial and industrial information, where such confidentiality is protected by law in order to protect a legitimate economic interest (within this framework, information on emissions which is relevant for the protection of the environment shall be disclosed),

(e) intellectual property rights,

(f) the confidentiality of personal data or files relating to an individual where that person has not consented to the disclosure of the information to the public, where such confidentiality is provided under any enactment,

(g) the interests of a third party that has supplied the information requested without that party being under or capable of being put under a legal obligation to do so, and where that party does not consent to the release of the material, or

(h) the environment to which the information relates, such as the breeding sites of rare species.

204. Outcome of public participation

204. Where public participation has taken place in accordance with section 203 the Minister shall—

(a) take due account of the outcome of the public participation in his or her decision,

(b) include in the decision information on the procedure for seeking to have the decision judicially reviewed and notification that the costs of any such judicial review are governed by Part 2 of the Environment (Miscellaneous Provisions) Act 2011, and

(c) make available to the public a copy of the decision, along with the reasons and considerations on which the decision is based, at 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 subject to the decision.

205. Judicial review of certain decisions

205. (1) A person shall not question the validity of a determination under section 137(1) or 202(1) or of a decision, act or omission that is subject to public participation under section 137 or 203 otherwise than by way of judicial review under Order 84 of the Rules of the Superior Courts.

(2) The High Court shall not grant leave for judicial review under this section unless it is satisfied that—

(a) the applicant has a sufficient interest in the matter which is the subject of the application, or

(b) the applicant—

(i) is a body or organisation (other than a State authority, a public authority or governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection, and

(ii) has, during the period of 12 months preceding the date of the application, pursued those aims or objectives.

(3) A sufficient interest for the purposes of paragraph (a) of subsection (2) is not limited to an interest in land or other financial interest.

(4) The Court, in determining either an application for leave for judicial review of a decision, act or omission that is subject to section 203 or an application for judicial review on foot of such leave, shall act as expeditiously as possible consistent with the administration of justice.

(5) In this section “State authority, a public authority or governmental body or agency” means—

(a) a Minister of the Government;

(b) the Commissioners of Public Works in Ireland;

(c) a harbour authority within the meaning of the Harbours Act 1946 as amended by section 83 (inserted by section 48 of the Harbours Act 2015) of the Harbours Act 1996;

(d) a local authority within the meaning of the Local Government Act 2001;

(e) the Health Service Executive;

(f) a person established—

(i) by or under any enactment (other than the Companies Act 2014 or a former enactment relating to companies (within the meaning of section 5 of that Act)) or charter,

(ii) by any scheme administered by the Government, or

(iii) under the Companies Act 2014 or a former enactment relating to companies (within the meaning of section 5 of that Act), in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of monies provided, or loans made or guaranteed, by a Minister of the Government or by subscription for shares held by or on behalf of a Minister of the Government;

(g) a company (within the meaning of the Companies Act 2014), a majority of the shares in which are held by or on behalf of a Minister of the Government.

Chapter 3 General Provisions Relating to Liability for Damage or Nuisance

206. Application of Chapter

206. This Chapter applies to claims for compensation for damage or nuisance under any of sections 51, 98 and 141.

207. Determining compensation

207. The amount of compensation in relation to a claim for damage or nuisance shall be determined by reference to—

(a) the principles governing the measure of damages in the law of tort, and

(b) the same enactments as would be applicable in assessing an amount of damages if proceedings in court were brought in relation to the claim.

208. Other actions precluded

208. (1) If the Mining Board, based on a claim, determines the amount of compensation in respect of certain damage or nuisance, the parties involved in the matter are precluded from claiming compensation for that damage or nuisance on any other basis in any other forum or court.

(2) Subsection (1) does not affect the right under section 177 to have questions of law that are before the Mining Board determined by the High Court.

209. Court awards and settlements

209. If a person has received an award from any court, has been found by any court not to be entitled to an award or has received a settlement in respect of an action arising out of any circumstances that could give rise to a claim before the Mining Board, the person is not entitled to make a claim to the Mining Board.

Chapter 4 Non-mineral Boreholes

210. Drilling non-mineral boreholes

210. (1) In this section “non-mineral borehole” means a borehole drilled, other than in the course of prospecting for or working minerals, to a depth greater than 5 metres below the surface.

(2) A person having an interest in land who proposes to drill or to have others drill a non-mineral borehole on the land shall give to the Minister at least 14 days before the drilling starts a notice in writing containing the particulars of the proposed drilling.

(3) Every person having an interest in land who drills a non-mineral borehole or has others drill a non-mineral borehole on the land shall keep and maintain—

(a) in respect of every borehole drilled, a lithological log, and a record of the borehole’s diameter, depth, direction, inclination and location, and such other information as may be prescribed, for a period of 5 years after the completion of the drilling, and

(b) specimens, either as cores or fragments, of the strata passed through that were obtained in the course of the drilling—

(i) for a period of not less than 60 days after the completion of the drilling,

(ii) for such longer period as the Minister may direct, or

(iii) where the period to which subparagraph (i) or (ii) relates has expired but the specimen, in whole or in part, is being kept or maintained, for such further period as the Minister may direct.

(4) Every person who drills a non-mineral borehole on behalf of a person who has an interest in land shall keep a copy of the record referred to in subsection (3)(a) for a period of 5 years after the completion of the drilling.

(5) An inspector may at all reasonable times do all or any of the following in respect of a non-mineral borehole:

(a) inspect the site of the borehole;

(b) inspect specimens obtained from the borehole within the period to which subsection (3)(b) relates;

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

(6) Any person who—

(a) fails to comply with the obligations imposed by this section, or

(b) obstructs or otherwise interferes with an inspector in the due exercise of any of the powers conferred on the inspector by subsection (5),

commits an offence and is liable on summary conviction to a class E fine.

211. Confidentiality of record and samples

211. (1) If any person having an interest in land who has drilled, or had others drill, a non-mineral borehole on the land gives notice in writing to the Minister requesting that the copies of the record or samples of specimens of the strata taken by an inspector under section 210 be treated as confidential then, unless the Minister considers such request unreasonable, the Minister shall keep the copies and their contents and the samples confidential for the prescribed period.

(2) The Minister may, on the application of a person having an interest in land who has drilled, or had others drill, a non-mineral borehole on the land, on reasonable grounds extend the prescribed period of confidentiality in respect of that person’s lithological log and samples.

(3) After the prescribed period of confidentiality ends, the lithological log and its contents and samples may be—

(a) disclosed to the public on request and on payment of such reasonable administrative fee as may be determined by the Minister to cover the cost of disclosure, or

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

Chapter 5 Excepted Minerals

212. Deemed cancellation of registration of excepted minerals

212. (1) Subject to subsection (2), the registration under section 15 of the Act of 1979 of any minerals as excepted minerals is deemed to be cancelled under section 16 of that Act on the date of the passing of this Act.

(2) This section shall not apply to minerals of any description in any land if—

(a) the existing registration of such minerals as excepted minerals is notified to the Minister on or before the date occurring 90 days after the date of the passing of this Act, and

(b) the Mining Board is satisfied, on the application of the Minister, that on the date occurring 90 days after the passing of this Act a person is lawfully working a mine of such minerals.

(3) Subsections (3) and (4) of section 16 of the Act of 1979 shall apply to the cancellation of registration of minerals as excepted minerals under this section.

213. Records of excepted minerals

213. (1) The Mining Board shall keep records of minerals registered as excepted minerals.

(2) The records to be kept under subsection (1) shall include—

(a) the location of the excepted minerals,

(b) the minerals specified as excepted minerals, and

(3) The Mining Board shall keep records of minerals registered as excepted minerals at its offices and shall make them available for public inspection during normal office hours.

(4) The Mining Board shall notify the information specified in subsection (2) to the Minister who shall make the information available on the website of the Department of Communications, Climate Action and Environment.

(5) Copies of records of minerals registered as excepted minerals may be obtained from the Minister on payment of such fee as may be determined by the Minister to cover the copying costs.

Chapter 6 Miscellaneous

214. Research and Revitalisation

214. (1) The Minister may undertake, commission, sponsor or facilitate research directed towards—

(a) exploring for minerals,

(b) developing minerals,

in the State and such area to which this Act applies, including, but not limited to, the following:

(i) identifying the mineral potential of extractive waste;

(ii) exploring the recycling, reusing or reclaiming of extractive waste, where this is environmentally sound;

(iii) identifying practices that will facilitate the protection of the environment;

(iv) the potential to improve remediation of the mine and associated waste as part of a process of revitalisation.

(2) Any proposals emanating from this section which involve the revisiting of formerly disused sites shall engage in a period of public consultation prior to activity commencing at that site. During this period of consultation, members of the public and other interested parties shall be free to submit their views on the proposals.

215. Processing of mineral data

215. The Minister may, through his or her officers or agents, process any data submitted under the terms of a prospecting licence, retention licence or mining licence or otherwise under this Act and all intellectual property rights in such processed data are vested in the Minister.

216. Regulations generally

216. (1) The Minister may make regulations in respect of any matter or thing referred to in this Act as prescribed or to be prescribed.

(2) Regulations made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next 21 days on which the House has sat after the regulations are laid before it, the regulations shall be annulled accordingly but without prejudice to the validity of anything previously done under those regulations.

217. Regulations to deal with methods of giving notice

217. (1) Subject to subsection (2), in addition to any method of giving notice to the public or persons specified under a provision of this Act, the Minister may make regulations that provide for methods of giving notice by fax, e-mail or other electronic means (including the use of the internet). Any notice given in accordance with the regulations for a specific provision is valid for the purposes of that provision.

(2) Nothing in this section affects any requirement in this Act to give any notice in Iris Oifigiúil.

218. Application fees

218. (1) Save where provided otherwise in this Act, the Minister may, with the approval of the Minister for Public Expenditure and Reform, prescribe the fees payable in respect of any application under this Act.

(2) The Minister may prescribe different fees in respect of different types of applications and according to the type of minerals involved.

(3) The Minister, when prescribing the amount of a fee payable in respect of an application, shall have regard to the administrative costs associated with processing the application, including the costs of determining whether the requirements of the application have been met.

(4) Fees payable in respect of any application under this Act, including fees set or prescribed under another section of this Act, are non-refundable.

219. Payments to be deposited into Exchequer

219. All payments received by the Minister under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform directs.

220. Land subject to a purchase annuity

220. Before the Minister makes a payment of compensation under this Act to a person who has an estate or interest in land that is subject to a purchase annuity within the meaning of section 2 of the Land Act 1984, the Minister shall provide a written notice of the payment to the Minister of the Government responsible for those annuities.

221. Combining public notices

221. If the Minister is required to give more than one public notice in respect of related matters, the Minister may give public notice by combining them so long as the requirements for each notice are met in the combined notice.

222. Expenses in administering Act

222. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

223. Annual report to Oireachtas

223. As soon as practicable after the 31st day of December of each year, the Minister shall cause to be laid before each House of the Oireachtas a report showing all of the following matters:

(a) particulars of all prospecting, retention, mining and ancillary surface rights licences that are in force;

(b) the amount of money collected during that year by the Minister in respect of each class of licence;

(d) particulars of rehabilitation areas designated under section 132 during that year and the implementation of rehabilitation plans during that year;

(e) any other matter relating to minerals or to the working of minerals that the Minister considers appropriate to include.

PART 8 Article 3.3 of the Minamata Convention on Mercury done at Geneva on 19 January 2013

224. Definitions - Part 8

224.In this Part—

“mercury” means elemental mercury (Hg(0), CAS No. 7439-97-6) and includes mixtures of mercury with other substances, including alloys of mercury, with a mercury concentration of at least 95 per cent by weight;

“mercury-added product” means a product or product component that contains mercury or a mercury compound that was intentionally added;

“mercury compounds” means mercury (I) chloride (known also as calomel), mercury (II) oxide, mercury (II) sulphate, mercury (II) nitrate, cinnabar and mercury sulphide;

“primary mercury mining” means mining in which the principal material sought is mercury.

225. Scope of Part 8

225. This Part shall not apply in respect of—

(a) quantities of mercury or mercury compounds to be used for laboratory-scale research or as a reference standard,

(b) naturally occurring trace quantities of mercury or mercury compounds present in such products as non-mercury metals, ores or mineral products, including coal, or products derived from these materials, and unintentional trace quantities in chemical products, or

226. Restriction on Minister’s power to grant licences in respect of mercury

226. Nothing in this Act shall be construed as—

(a) authorising prospecting for mercury or primary mercury mining, or

(b) empowering the Minister to authorise prospecting for mercury or primary mercury mining, by the grant of a licence or otherwise.

227. Prohibition on prospecting for mercury

227. A person who prospects for mercury commits an offence and is liable—

(a) on summary conviction to a class A fine, or

(b) on conviction on indictment to a fine not exceeding €250,000.

228. Prohibition on primary mercury mining

228. A person who carries out primary mercury mining commits an offence and is liable—

(a) on summary conviction to a class A fine, or

(b) on conviction on indictment to a fine not exceeding €250,000.

PART 9 Transitional Provisions, Repeals and Consequential Amendments

Chapter 1 Transitional Provisions

229. Definition

229. In this Chapter—

“Act of 1940” means Minerals Development Act 1940;

“Act of 1960” means Petroleum and Other Minerals Development Act 1960;

“former instrument” means—

(a) a lease granted under section 11 of the Mines and Minerals Act 1931,

(b) a State mining lease granted under section 26 of the Minerals Development Act 1940, or

230. Applications for prospecting licences under Minerals Development Acts 1940 to 1999

230. (1) Applications for prospecting licences under the Minerals Development Acts 1940 to 1999 under consideration when this section comes into operation are deemed to be applications for prospecting licences under this Act.

(2) The requirements of this Act regarding the granting of prospecting licences apply to an application referred to in subsection (1) except that if the Minister has, before this section comes into operation, given public notice of his or her intention to grant a prospecting licence in respect of that application, section 25 does not apply.

231. Applications for mining leases and licences under Minerals Development Acts 1940 to 1999

231. (1) All applications for mining leases or licences under the Minerals Development Acts 1940 to 1999 under consideration when this section comes into operation are deemed to be applications for mining licences under this Act.

(2) The requirements of this Act regarding the granting of mining licences apply to an application referred to in subsection (1) except that if the Minister has, before this section comes into operation, given public notice of his or her intention to grant a mining lease or licence under the Minerals Development Acts 1940 to 1999 in respect of that application, sections 69 to 72 of this Act do not apply.

232. Continuation of former instruments

232. (1) Every former instrument that is in force when this section comes into operation is continued as a mining licence under this Act.

(2) The provisions of the former instruments that are continued by subsection (1) operate notwithstanding any conflict with the other provisions of this Act or the regulations until the instruments are renewed under this Act.

233. Compensation for working private minerals

233. (1) Chapter 4 of Part 3 does not apply in respect of private minerals extracted either before or after the coming into operation of this section under the authority of a licence granted under section 17 of the Act of 1979 that is—

(a) continued by section 232, or

(b) continued by section 232 and renewed under this Act.

(2) Notwithstanding the repeals effected by section 238, compensation in respect of the private minerals referred to in subsection (1) continues to be governed by Part III of the Act of 1979.

234. Compensation relating to the exercise of ancillary underground rights

234. The entitlement to compensation under section 104 does not apply to ancillary underground rights exercised under a former instrument that is continued by section 232 or that is continued by section 232 and renewed under this Act.

235. Liability for damage and nuisance under former Acts

235. Liability for damage and nuisance under the following provisions of the Minerals Development Act 1940 are continued under the following provisions of this Act:

(a) liability under section 10 of the Act of 1940 (as amended by section 74 of the Act of 1960) is continued under section 51 of this Act;

(b) liability under section 25 of the Act of 1940 (as amended by section 79 of the Act of 1960) is continued under section 98 of this Act;

(c) liability under section 31(3) of the Act of 1940 (as amended by section 80 of the Act of 1960) is continued under section 98 of this Act.

236. Rehabilitation of mines

236. (1) In this section “Part 9 mine” means a mine within the meaning of section 23 of the Energy (Miscellaneous Provisions) Act 2006 in respect of which a mine rehabilitation plan was being implemented under Part 9 of that Act before the coming into operation of this section.

(2) Notwithstanding the repeal of Part 9 of the Energy (Miscellaneous Provisions) Act 2006, that Part continues to apply to a Part 9 mine.

(3) Part 5 of this Act does not apply to the rehabilitation of a Part 9 mine.

237. Validity of certain instruments

237. (1) Any state mining lease or licence purported to be granted under the Mines and Minerals Act 1931 or the Minerals Development Acts 1940 to 1979 before 31 March 1999 in respect of any minerals or exclusive mining rights that were vested in the Irish Land Commission under or by virtue of the Land Purchase Acts, the Land Law Acts, the Congested Districts Board (Ireland) Acts or by any other means is deemed to have been validly granted.

(2) In this section—

“the Congested Districts Board (Ireland) Acts” has the same meaning as in the Land Law (Commission) Act 1923;

“the Land Law Acts” means the Land Law Acts as defined by the Land Law (Commission) Act 1923, together with any subsequent Act which provides that it is to be construed as one with the Land Law Acts.

Chapter 2 Repeals

238. Repeals

238. (1) The following are repealed:

(a) the Minerals Development Act 1940;

(b) Part III of the Petroleum and Other Minerals Development Act 1960;

(d) the Minerals Development Act 1999;

(e) the Minerals Company Acts 1941 to 1950 being—

(i) the Minerals Exploration and Development Company Act 1941,

(ii) the Minerals Company Act 1945,

(iii) the Minerals Company Act 1947, and

(iv) the Minerals Company (Amendment) Act 1950.

(2) The following provisions of the Minerals Development Act 1979 are repealed:

(a) section 2(1) other than the definitions of “excepted minerals” and “the Minister”;

(b) sections 3 to 8;

(d) section 13;

(e) sections 17 to 19;

(f) sections 21 to 23.

(3) The following Acts are repealed to the extent indicated:

(a) section 5 of the Property Values (Arbitrations and Appeals) Act 1960;

(b) Chapter V (sections 29 to 32) of Part II, section 38(2), subsections (3) and (4) of section 46 and Chapter VIII (sections 49 to 51) of Part II of the Petroleum and Other Minerals Development Act 1960;

(4) The Minerals Development (Amendment) Regulations 1995 (S.I. No. 223 of 1995) are revoked.

Chapter 3 Consequential Amendments

239. Amendment of Foreshore Act 1933

239. The Foreshore Act 1933 is amended—

(a) in section 1—

(i) by inserting the following before the definition of the expression “beach material”:

“the word ‘minerals’ has the same meaning as in section 2 of the Minerals Development Act 2017;”,

(ii) by substituting the following for the definition of the expression “beach material”:

“the expression ‘beach material’ means clay, sand, gravel, shingle, stones and rocks on the surface of the seashore and includes outcrops of rock above the surface of the seashore and also includes bent grass growing on the seashore and also seaweed whether growing or rooted on the seashore or deposited or washed up on the seashore by the action of tides, winds or waves, but does not include minerals;”,

(b) in section 2 by substituting the following for subsection (7):

“(7) Any State minerals within the meaning of section 2 of the Minerals Development Act 2017 in or on the foreshore are, pursuant to section 4 of that Act, vested in the Minister under that Act.”,

(i) in subsection (1) by deleting the words “to get and take any minerals in such foreshore and not more than thirty feet below the surface thereof,”, and

(ii) by substituting the following for subsection (8):

“(8) No licence granted under this section shall extend to or authorise the removal of any minerals lying in or on the foreshore.”,

and

(d) by deleting section 24.

240. Amendment of Forestry Act 1946

240. Section 9 of the Forestry Act 1946 is amended by substituting the following for subsection (2):

“(2) Nothing in subsection (1) shall be construed as authorising the Minister to sell, or let, or exchange for other land, any foreshore, within the meaning of the Foreshore Act 1933, or any State minerals, within the meaning of the Minerals Development Act 2017.

(2A) All State minerals (within the meaning of the Minerals Development Act 2017) in, or under land referred to in subsection (1) are, pursuant to section 4 of that Act, vested in the Minister under that Act.”.

241. Section 12 of the Air Navigation and Transport Act 1950 is amended in subsection (2)—

(a) in paragraph (a) by inserting “, other than any minerals within the meaning of section 2 of the Minerals Development Act 2017,” after “may dispose of”, and

(b) by substituting the following for paragraph (c):

“(c) Any State minerals within the meaning of section 2 of the Minerals Development Act 2017 in or on land referred to in subparagraphs (i) and (ii) of paragraph (a) are, pursuant to section 4 of that Act, vested in the Minister under that Act.”.

242. Amendment of First Schedule to State Property Act 1954

242. The First Schedule to the State Property Act 1954 is amended in paragraph 2 by substituting “section 2 of the Minerals Development Act 2017.” for “the Minerals Development Act, 1940 (No. 31 of 1940), except sand, gravel, stone or clay which is not more than twenty feet below the surface.”.

243. Amendment of Petroleum and Other Minerals Development Act 1960

243. (1) The Petroleum and Other Minerals Development Act 1960 is amended—

(a) in section 2(1) by substituting the following for the definition of “the Board”:

“ ‘the Board’ means the Mining Board continued under section 154 of the Minerals Development Act 2017;”,

and

(b) by substituting the following for section 59:

“Collection and disposal of fees

59. All fees payable under this Part to the Minister shall be collected and taken in such manner as the Minister for Public Expenditure and Reform shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Public Expenditure and Reform.”.

244. Amendment of Continental Shelf Act 1968

244. The Continental Shelf Act 1968 is amended—

(a) by substituting the following for section 4:

“Application of Minerals Development Acts 1979 and 2017 and Petroleum and Other Minerals Development Acts 1960 and 1995

4. (1) The Minerals Development Acts 1979 and 2017 apply to any minerals (within the meaning of those Acts) within a designated area.

(2) The Petroleum and Other Minerals Development Acts 1960 and 1995apply in relation to petroleum (within the meaning of those Acts) within a designated area.”,

(b) in section 5 (inserted by section 5 of the Energy (Miscellaneous Provisions) Act 1995)—

(i) in subsection (1), by deleting the definition of “relevant Minister”,

(ii) in subsection (2), by deleting “and the Minister for the Marine”,

(iii) by inserting after subsection (2) the following:

“(2A) The Minister shall consult with the Minister for Transport, Tourism and Sport in relation to safety of navigation before granting his consent under this section.”,

(iv) in subsection (3), by substituting “The Minister” for “A relevant Minister”,

(v) in subsection (5), by substituting “the Minister” for “the Minister for the Marine”,

(vi) in subsection (6)—

(I) in paragraph (a), by substituting “the Minister” for “a relevant Minister”,

(II) in paragraph (c), by substituting “The Minister” for “A relevant Minister”, and

(III) in paragraph (d), by substituting “the Minister” for “the relevant Minister”,

(vii) in subsection (7), by substituting—

(I) “the Minister” for “a relevant Minister”,

(II) “the Minister” for “that Minister”, and

(III) “the Minister” for “the relevant Minister”,

(viii) in subsection (9), by substituting—

(I) “the Minister” for “a relevant Minister, being the Minister”, and

(II) “the Minister” for “that Minister” in each place that it occurs,

(ix) in subsection (10), by substituting—

(I) “the Minister” for “a relevant Minister, being the Minister for the Marine”, and

(II) “the Minister” for “that Minister” in each place that it occurs,

(x) in subsection (11), by substituting “the Minister” for “the relevant Minister”,

(xi) in subsection (12), by substituting—

(I) “the Minister” for “a relevant Minister”, and

(II) “the Minister” for “that Minister”,

and

(xii) in subsection (13), by substituting “the Minister” for “a relevant Minister”,

(c) in section 7(1), by substituting “The Minister” for “The Minister for Energy, with the consent of the Minister for the Marine,”, and

(d) in section 12(1), by deleting—

(i) “or the Minister for the Marine”, and

(ii) “or the Minister for the Marine (as the case may be)”.

245. Amendment of Gas Act 1976

245. The Gas Act 1976 is amended—

(a) by deleting section 29, and

(b) in section 41—

(i) in subsection (1) by substituting “within the meaning of the Minerals Development Act 2017.” for “within the meaning of the Minerals Development Act 1940, other than sand, gravel or clay.”, and

(ii) in subsection (2) by inserting “, the Minerals Development Act 2017” after “the Act of 1960”.

246. Amendment of section 2 of National Monuments (Amendment) Act 1987

246. Section 2 of the National Monuments (Amendment) Act 1987 is amended in subsection (7) by substituting the following for paragraph (b):

“(b) was authorised by a prospecting licence, retention licence or mining licence under the Minerals Development Act 2017.”.

247. Amendment of Environmental Protection Agency Act 1992

247. The Environmental Protection Agency Act 1992—

(a) in section 99F(8) (inserted by section 15 of the Protection of the Environment Act 2003)—

(i) by substituting “the Minerals Development Act 2017” for “the Minerals Development Acts 1940 to 1999 ”, and

(ii) by substituting “mining licence under that Act” for “lease granted by the Minister for Communications, Marine and Natural Resources under the said Acts”,

(b) in section 99F(9) (as amended by section 79(d) of the Planning and Development (Amendment) Act 2010) by substituting for paragraph (b) the following:

“(b) a mining licence under the Minerals Development Act 2017,”,

(c) in section 99F(10) (inserted by section 15 of the Protection of the Environment Act 2003) by substituting “or mining licence” for “or lease”, and

(d) in paragraph 1.3 of the First Schedule (inserted by section 18 of the Protection of the Environment Act 2003) by substituting “section 2 of the Minerals Development Act 2017” for “the Minerals Development Acts 1940 to 1999”.

248. Amendment of Taxes Consolidation Act 1997

248. The Taxes Consolidation Act 1997 is amended—

(a) in section 5(1) in the definition of “minerals”, by substituting “section 2 of the Minerals Development Act 2017” for “section 3 of the Minerals Development Act, 1940”,

(b) in section 21A(1) —

(i) by substituting for paragraph (b) of the definition of “excepted operations” the following:

“(b) working minerals or mineral compounds other than so much of such working as is manufacturing,”,

(ii) by substituting for the definition of “minerals” the following:

“ ‘minerals’ has the same meaning as in section 2 of the Minerals Development Act 2017;”,

and

(iii) by inserting the following definition of “mineral compound” after the definition of “minerals”:

“ ‘mineral compound’ means any substance formed by the chemical combination of two or more minerals;”,

(i) in the definition of “mine” by substituting “any mineral or mineral compound” for “any scheduled mineral, mineral compound or mineral substance within the meaning of section 2 of the Minerals Development Act, 1940”, and

(ii) by inserting the following definitions after the definition of “mine”:

“ ‘minerals’ has the same meaning as it has in section 2 of the Minerals Development Act 2017;

‘mineral compound’ means any substance formed by the chemical combination of two or more minerals;”,

and

(d) by substituting for section 683(5) the following:

“(5) Where a right to compensation under section 20 of the Minerals Development Act 1979 is vested in a person and the Minister for Communications, Climate Action and Environment pays compensation to that person in respect of that right to compensation, that person shall be deemed for the purposes of this section to have sold a scheduled mineral asset for a capital sum equal to the amount of compensation paid to that person, and subsections (2) to (4) shall apply to the compensation as they apply to a capital sum received in respect of a sale of a scheduled mineral asset.”.

249. Amendment of section 46 of Merchant Shipping (Investigation of Marine Casualties) Act 2000

249.Section 46 of the Merchant Shipping (Investigation of Marine Casualties) Act 2000 is amended by deleting “or natural resource”.

250. Amendment of section 4 of Environment (Miscellaneous Provisions) Act 2011

250. Section 4(4) of the Environment (Miscellaneous Provisions) Act 2011 is amended by substituting the following for paragraph (k):

“(k) a prospecting licence granted under section 17, a retention licence granted under section 22, a mining licence granted under section 65 or continued under section 232, an ancillary surface rights licence granted under section 113, or a rehabilitation plan prepared or adopted under section 134 of the Minerals Development Act 2017,”.

251. Amendment of Third Schedule to Freedom of Information Act 2014

251. The Third Schedule to the Freedom of Information Act 2014 is amended by inserting at the end of Part I—

(a) in column (2), “Minerals Development Act 2017”, and

(b) in column (3), opposite the mention in column (2) of the Minerals Development Act 2017, “section 168.”.

252. Amendment of Forestry Act 2014

252. The Forestry Act 2014 is amended by inserting after section 6 the following:

“Minister not authorised to dispose of State minerals

6A. Nothing in this Act shall be construed as authorising the Minister to sell or otherwise dispose of any State minerals within the meaning of the Minerals Development Act 2017.”.

253. Amendment of European Communities (Environmental Impact Assessment) Regulations 1989

253. Paragraph 2(c) of Part II of the First Schedule (inserted by Regulation 8 of the European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999) to the European Communities (Environmental Impact Assessment) Regulations 1989 (S.I. No. 349 of 1989) is amended by substituting “Minerals Development Act 2017” for “Minerals Development Acts, 1940 to 1995”.

254. Amendment of Planning and Development Regulations 2001

254. The Planning and Development Regulations 2001 (S.I. No. 600 of 2001) (as amended by the Planning and Development (Amendment) Regulations 2015 (S.I. No. 264 of 2015)) are amended—

(a) by substituting “within the meaning of the Minerals Development Act 2017”—

(i) in Articles 28(1)(t), 82(3)(r) and 121(1)(r), for “within the meaning of the Minerals Development Acts, 1940 to 1995”,

(ii) in Articles 28(1)(x)(i), 82(3)(u)(i), 121(1)(u)(i) and 179(2)(u)(i), for “within the meaning of the Minerals Development Acts 1940 - 1999”, and

(iii) in paragraph 2(c) of Part 2 of Schedule 5, for “within the meaning of the Minerals Development Acts, 1940 to 1999”,

and

(b) in paragraph (a) of the description of class 5 in column 1 of Part 3 of Schedule 2, by substituting “prospecting licence or retention licence within the meaning of the Minerals Development Act 2017” for “licence, lease or permission granted by the Minister for the Marine and Natural Resources under the Minerals Development Acts 1940 to 1999 ”.

255. Amendment of Waste Management (Management of Waste from the Extractive Industries) Regulations 2009

255. Regulation 22(3) of the Waste Management (Management of Waste from the Extractive Industries) Regulations 2009 is amended by substituting “Minerals Development Act 2017” for “Minerals Development Acts 1940 to 1999”.

256. Amendment of Second Schedule to European Communities (Birds and Natural Habitats) Regulations 2011

256. The Second Schedule to the European Communities (Birds and Natural Habitats) Regulations 2011 is amended by substituting “Minerals Development Act 2017” for “Minerals Development Acts 1940 to 1995”.

SCHEDULE List of Minerals

Section 2

alum shales

andalusite

anhydrite

antimony, ores of

apatite

arsenic, ores of

asbestos minerals

attapulgite

ball clay

barytes

bauxite

bentonites

beryllium, ores of

bismuth, ores of

bitumens

brucite

cadmium, ores of

calcite

celestite

chalk

china clay

chromite

chromium, ores of

coal

cobalt, ores of

copper, ores of

corundum

cryolite

diamond

diatomite

dolomite

feldspar

fireclay

fluorspar

fuller’s earth

gallium, ores of

gannister

garnet

gemstones including semi-precious stones

gold, ores of

graphite

gypsum

heavy minerals sands

iron, ores of

kaolin

kyanite

laterite

lead, ores of

lignite

lithium, ores of

magnesium, ores of

magnesite

manganese, ores of

marble

mercury, ores of

metals not otherwise set out in this Schedule, ores of

mica

mineral pigments including oxides of iron, iron-manganese and titanium

molybdenum, ores of

monazite

nepheline

nickel, ores of

niobium, ores of

oil shales

olivine

perlite

platinum group elements, ores of

potash mineral salts

pyrophyllite

quartz

radioactive minerals

rare earth elements, ores of

refractory clays

rock phosphates

rock salt

selenium, ores of

sepiolite

serpentinous marble

silica sand

sillimanite

silver, ores of

steatite

strontium, ores of

sulphur, ores of

talc

tantalum, ores of

tellurium, ores of

tin, ores of

titanium, ores of

tripoli

tungsten, ores of

vanadium, ores of

vermiculite

witherite

wollastonite

zeolites

zircon

zirconium, ores of

zinc, ores of

In this Schedule “silica sand” means sand of sufficient purity to be suitable for use in the manufacture of glass or ceramics.

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