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Minerals Development Act 2017

Type Act

Publication 2017-07-26

Last updated 2024-10-17

State In force superseded text

Text As published

Source Irish Statute Book

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articles 256

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

4 amending acts · 2024-10-17, PLANNING AND DEVELOPMENT ACT 2024

Act to make further and better provision for the development of minerals in the State and for that purpose to repeal the Minerals Company Acts 1941 to 1950 and certain provisions of the Minerals Development Acts 1940 to 1999, to make consequential amendments to other Acts, and to provide for related matters.

Reform history JSON API

(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

(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,

(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

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

(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

(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

(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,

(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,

(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

(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.

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

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