Minerals Development Act 2017
Jurisdiction | Ireland |
Citation | IR No. 23/2017 |
Year | 2017 |
|
|
Number 23 of 2017 |
|
MINERALS DEVELOPMENT ACT 2017 |
|
CONTENTS |
PART 1 |
Preliminary and General |
Section |
1. Short title, commencement and collective citation |
2. Interpretation |
3. Previous acquisition by, or vesting in, the State of minerals |
4. State minerals vested in Minister |
5. Working minerals |
6. Application of Act |
7. Existing development consents |
PART 2 |
Prospecting |
Chapter 1 |
Minister’s Rights and Duty in Relation to Prospecting |
8. Minister’s rights and duty |
9. Public notice |
10. Limited right to extract and remove minerals for analysis, etc. |
11. Compensation in respect of minerals sold under section 10 |
Chapter 2 |
Statements of Interest |
12. Registration |
13. Period for which statement of interest remains registered |
14. Notification to interested party |
15. Expiration of registration after notification |
Chapter 3 |
Prospecting Licences and Retention Licences |
16. Rights and duties under prospecting licence and retention licence |
17. Granting prospecting licence |
18. Notice to existing licensees under prospecting and retention licences |
19. Competition for certain licences |
20. Competing applications |
21. Renewing prospecting licence |
22. Retention licence |
23. Renewing retention licence |
24. Refusal to grant prospecting licence or retention licence before public notice |
25. Public notice before granting or renewing prospecting licence or retention licence |
26. Refusal to grant prospecting licence or retention licence after public notice |
27. Fit and proper person |
28. Licence fee for prospecting licence or retention licence |
29. Reducing or adding to land specified in application |
30. Term of licences |
31. Regulations in respect of grant of licence |
32. Regulations relating to conditions of prospecting licences and retention licences |
33. Boreholes and shafts |
34. Trenching, excavations and bulk sampling |
35. Limited right under prospecting licence to extract and remove minerals |
36. Compensation in respect of minerals worked under section 35 |
37. Reports by licensees |
38. Confidentiality of reports |
39. Indemnifying the Minister and State |
40. Environmental practices |
41. Assignment of licensees’ rights and duties under prospecting licence or retention licence |
42. Joint ventures |
43. Suspension and revocation of licences |
44. Termination of licences |
45. Surrender of licences |
46. Effect of suspension |
47. Effect of revocation, expiration, termination and surrender |
Chapter 4 |
Public Interest and Prospecting for Minerals |
48. Public interest and prospecting for minerals |
Chapter 5 |
Liability |
49. Joint and several liability |
50. Damage caused by previous prospecting activities |
51. Liability for damage or nuisance caused by prospecting |
Chapter 6 |
Airborne Surveys |
52. Duty to notify Minister and provide data |
53. Confidentiality of airborne survey data |
PART 3 |
Working Minerals |
Chapter 1 |
Right to Work Private Minerals |
54. Exclusive right of working minerals vested in Minister |
Chapter 2 |
Mining Licences |
55. Mining licence |
56. Scope of mining licences |
57. Rights and duties under mining licence |
58. Process |
59. Lodgement of application for mining licence |
60. Lodgement of application in respect of additional minerals or adjacent land |
61. Lodgement of application for renewal of mining licence |
62. Validity of application |
63. Notification of acceptance |
64. Application fee for mining licence |
65. Granting mining licence |
66. Additional minerals or adjacent land and renewals |
67. Consultation with other Ministers |
68. Refusal to grant, renew or extend mining licence before public notice |
69. Public notice before granting, renewing or extending mining licence |
70. Oral hearing and mining licence |
71. Decision of Minister if no oral hearing |
72. Refusal to grant mining licence after public notice |
73. Licence for portion of area of land |
74. Fit and proper person |
75. Requirements for companies |
76. Mining licence fees |
77. Royalties |
78. Special payment arrangements for State minerals |
79. Mining licences and regulations imposing conditions |
80. Minister taking participating interest |
81. Furnishing information |
82. Offences relating to requirement to furnish information |
83. Relinquishing of State’s exclusive right to work minerals |
Chapter 3 |
Public Interest |
84. Public Interest in respect of mining licence |
Chapter 4 |
Compensation for Working Minerals |
85. Definitions ‒ Chapter 4 |
86. Right to compensation |
87. Vesting of right to compensation on transfer |
88. Public notice of working minerals |
89. Claim for compensation in respect of private minerals |
90. Extinguishment of right to compensation in respect of private minerals |
91. Determination of persons entitled to compensation in respect of private minerals |
92. Initial compensation for private minerals worked under mining licence |
93. Calculation of compensation for private minerals payable over term of mining licence |
94. Referral of calculation of compensation to Mining Board |
95. Timing of payment of compensation |
96. Notice of renewals of mining licences |
Chapter 5 |
Liability under mining licence |
97. Joint and several liability of licensees |
98. Liability for damage or nuisance under mining licence |
Chapter 6 |
Safety at Closed and Abandoned Mines |
99. Application of Chapter |
100. Fencing and other works to prevent accidents |
101. Relationship to other liabilities and powers |
PART 4 |
Ancillary Rights |
Chapter 1 |
Definitions |
102. Ancillary rights |
Chapter 2 |
Ancillary Underground Rights |
103. Exercise of ancillary underground rights |
104. Entitlement to compensation in relation to exercise of ancillary underground rights |
105. Public notice of exercise of ancillary underground rights |
106. Extinguishment of right to compensation for ancillary underground rights |
107. Determination of compensation for exercise of ancillary underground rights |
108. Payment of compensation for exercise of ancillary underground rights |
109. Licensee liable to Minister for compensation |
Chapter 3 |
Ancillary Surface Rights and Operational Purposes |
110. Interpretation - Chapter 3 |
111. Licensee’s duty to negotiate |
112. Mining facilities acquisition order |
113. Granting ancillary surface rights licence based on order |
114. Licensee liable to Minister for compensation payable for acquisition of estate or interest |
115. Debt |
116. Public notice of intention to make mining facilities acquisition order |
117. Oral hearing in relation to grant of mining facilities acquisition order |
118. Decision of Minister if no oral hearing for mining facilities acquisition order |
119. Mining facilities acquisition order and registration of fee simple |
120. Mining facilities acquisition order and ancillary surface rights |
121. Mining facilities acquisition order and extinguishment of an ancillary surface right |
122. Right to compensation in relation to mining facilities acquisition order |
123. Public notice of making mining facilities acquisition order |
124. Extinguishment of right to compensation under section 122 |
125. Determination of entitlement to and amount of compensation |
126. Costs and compensation awarded under section 125 |
127. Regulations applying Lands Clauses Consolidation Act 1845 and compulsory acquisition of certain facilities |
128. Requirements for grant of ancillary surface rights licence in respect of State land |
129. Ancillary surface rights and conditions |
130. Compensation upon grant of ancillary surface rights licence over State land |
PART 5 |
Rehabilitation |
131. Definitions (Part 5) |
132. Designation of rehabilitation areas |
133. Right of entry before designation of rehabilitation area |
134. Rehabilitation authority |
135. Authorisation of persons to exercise functions of rehabilitation authority |
136. Rehabilitation plan |
137. Public participation in preparation and revision of rehabilitation plan |
138. Outcome of public participation on rehabilitation plan |
139. Right of entry after designating area |
140. Evidence of authority |
141. Liability for damage or nuisance by rehabilitation authority |
142. Funding of rehabilitation plan |
143. Recovery of expenditures under this Part |
144. Existing obligations not affected |
145. Acquisition of lands by agreement or rehabilitation acquisition order |
146. Public notice before making rehabilitation acquisition order |
147. Oral hearing before making rehabilitation acquisition order |
148. Decision of Minister if no oral hearing |
149. Rehabilitation acquisition order |
150. Registration of Minister as owner |
151. Rehabilitation acquisition order and compensation |
152. Regulations applying Lands Clauses Consolidation Act 1845 and compulsory acquisition under section 149 |
153. Powers of local authority not affected |
PART 6 |
Mining Board |
|
Chapter 1 |
Continuation of Mining Board and Administrative Matters |
154. Continuation of Mining Board |
155. Membership and qualifications |
156. Disqualification |
157. Exclusion resulting from membership of either House of the Oireachtas, European Parliament or local authorities |
158. Term of members |
159. Removing member |
160. Resignation of membership |
161. Membership on temporary basis |
162. Appointment of secretary and other staff |
163. Appointment of consultants and advisers |
164. Payment of members, consultants and advisers |
165. Indemnification |
166. Seal |
167. Payments to be deposited into Exchequer |
168. Disclosure of confidential information |
Chapter 2 |
General Provisions Relating to Mining Board Decisions |
169. Quorum and decisions |
170. Hearings open to public |
171. Rules for procedure and practice |
172. Infants and persons of unsound mind |
173.... |
To continue reading
Request your trial