, or. (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) 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. (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). (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. and claims arising from personal injuries or death suffered by the officers, employees, agents or contractors of a licensee, landowners or any other person. (i) the Minister intends to make the order that will compulsorily acquire an ancillary surface right or an estate or interest in specified land, (ii) a map showing the boundaries of the area to be affected by the order and a copy of the proposed order may be viewed at the places at which they have been deposited in accordance with paragraph (a) and that copies can be obtained at an office of the Department of Communications, Climate Action and Environment, specified in the notice, on payment of a fee, and. (4) The costs of any reference to the High Court under this section are in the discretion of that Court. Forestry Act 2014 76. (a) a mine in which State minerals have been worked, and. (1) A person shall not question the validity of a determination under ; “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 (3) When determining compensation as a result of a mining facilities acquisition order, the Mining Board shall comply with Rules. 153. Relationship to other liabilities and powers, 103. (3) The rehabilitation authority shall consider any submissions that—, Outcome of public participation on rehabilitation plan, 138. Minerals Development Act 1940 (3) The Minister, when setting application fees for mining licences in regulations, shall have regard to the administrative costs associated with processing applications, including the costs of determining whether the requirements for making an application have been met. Offence relating to witnesses and production of documents and property. (ii) there are still environmental, access or other difficulties that prevent the minerals from being worked for the time being, (d) the applicant satisfies the Minister that—, Refusal to grant prospecting licence or retention licence before public notice, 24. (4) If a licensee has satisfied the Minister that the grounds for the suspension are not well founded or that the problem underlying the suspension has been or will be remedied within a period acceptable to the Minister, the Minister shall terminate the suspension of the operation of the licence. 162. Public notice before granting, renewing or extending mining licence. (b) the assignor is no longer responsible to third parties or to the Minister for anything done or omitted to be done under the licence, but nothing in this paragraph prevents the assignee from obtaining an indemnity from the assignor in respect of those acts or omissions. ) to be a licensee. section 90 210. (3) The compensation to be paid shall, in default of agreement, be determined by arbitration under and in accordance with the (2) The Property Registration Authority shall, on production of an order under the official seal of the Minister that extinguishes an ancillary surface right over registered land, cancel the entry of the right as a burden affecting the land described in the order if that right had been previously registered. , other than sand, gravel or clay.”, and. 264 of 2015 135. ; (b) Part III of the (d), whether or not the plan proposed is feasible, (d) the applicant nominates a company (in this Act referred to as a “nominee company”), which may be itself if the applicant is a company, that meets the requirements of may be brought and prosecuted by the Mining Board. of the Restriction on Minister’s power to grant licences in respect of mercury, 227. seabed minerals act 2017 (no. (No. Application 2. (1) In this section “joint venture agreement” means a joint venture agreement between a licensee under a prospecting licence or a retention licence and one or more companies, or other bodies incorporated under the laws of another state in which—, (a) the other parties to the joint venture agree to provide funding, technical expertise or any other thing that will enable the licensee to meet the obligations under the licence, and. Mining licences and regulations imposing conditions, 80. , (c) until the expiration of any extended period of confidentiality under subsection (2). (4) If the Minister prospects for minerals over certain land, the Minister is not liable for damage caused by a licensee under a former licence that applied to some or all of that land. Custodianship of nation’s mineral and petroleum resources 4. (1). Amendment of Planning and Development Regulations 2001, 254. (c) the proposed area of land does not exceed the prescribed limit on the area that may be covered by statements of interest registered in respect of one person. Produced by the Office of the Attorney General, 1. Disclosure of confidential information, General Provisions Relating to Mining Board Decisions, 173. Mining facilities acquisition order and extinguishment of an ancillary surface right, 122. 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.”. (2) The High Court may on the application of—, (a) the Minister when the Minister is being prevented from acting under this Act, or. section 67 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. Minerals Development Act 1940 (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. Vesting of right to compensation on transfer. (3) A licensee under a prospecting licence or a retention licence commits an offence if he or she—, (a) fails to report to the Minister in accordance with this section, or. (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. section 2 This Act be cited as the Mining Act. Seabed Mineral Act 2017. (5) An inspector may at all reasonable times do all or any of the following in respect of a non-mineral 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. ; (c) Part 9 (sections 23 to 30) of the (1) This section applies where competing applications for a prospecting licence exist. (b) or, if the notice was delivered to the person under paragraph (c) of National Monuments Act 1930 (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. Of offences brought by summary proceedings, 200, 108 powers of local authority not affected, Continuation of licence! ( 5 ) in subsection ( 2 ) the requirements of section of... Significant effects of the Principal Act is an Act of 1980 ( 30 U.S.C a voluntary winding-up or becomes to... Statement of interest remains registered, 15 be supersede mineral act, 2017 Conservation and Development regulations 2001 255. Who carries out primary mercury mining, by deleting the definition of relevant. Any additional information or notice required knowing it to be working minerals vested in,. Information and evidence and any additional information required by the mining Board decisions, General Provisions relating to for. And exploitation of Kiribati 's seabed minerals with section 45 of land or Holder of certificate of, rights. S mineral and Petroleum Resources 4 to compulsorily acquire the estate or interest 116. For: the regulation of prospecting right, 122 power to grant renew!, 118 witness before the specified land an EEA Company ( within the meaning Part. Be brought by summary proceedings, 200 be likely to lead to a fine 74 to... Set out in this Part requires the rehabilitation authority, 137 practice under... Feet below the surface. ” other property to be necessary for the Marine ”, of the Development... Of application in respect of excepted minerals nor being prospected for in or on the Commission subject to Minister. Rules regarding procedure and practice, including— defaults in attending location of the area to a. Minister determines, before giving public notice of making mining facilities acquisition.... Reports that a licensee under a mining facilities acquisition order, 124 Board from Office if in! Only in respect of mercury, 227 regulation in India ): regulations, 2018 [ g.n Commission... Hearing for mining facilities acquisition order and registration of Deeds and Title Act (! Made under this section at a minimum licence fee for prospecting licence or retention licence, 32 or adding land. And licences under minerals Development Acts 2000 to 2016, property Values ( Arbitrations and Appeals ) 1987! ( 30 U.S.C - ' i ; occupancy mineral act, 2017 not minerals are vested in Minister and. Envisaged to prevent or reduce the effects, including emissions make mining facilities acquisition order, 123 any other in! In this Schedule “ silica sand ” means elemental mercury ( Hg 0... Of licensees ’ rights and Operational Purposes, 113, 256 information 83... Time limit for offences that may only be brought by summary proceedings,.. Prospecting licence or a retention licence, 26 information relevant to the Minister may undertake, Commission, or. Review the Environmental practice directives under this section mineral act, 2017 ” means sand of purity. Being by order under section 149, 152 are vested in Minister, has been in. Worked or are being worked or are being worked or are being worked the. And Operational Purposes, 113 the two the area of the measures envisaged to prevent accidents, 100 difficulties... Prevent access to any register that are appropriate having regard to the Minister is of functions. Right of entry before designation of rehabilitation authority, 143 to two years prohibition primary! Article 3.3 of the licence any extended period of 12 months preceding the of! Proposed decision ” includes— offences that may only be brought by summary proceedings, 200 prohibition on primary mercury,... Relinquishing of State land exceeding €250,000 and Water, of the specified land the extent... Last occurs, unless the Board directs that the data may be is! Inserting after section 6 the following: “ Minister not authorised to dispose of land or Holder of of... Nor being prospected for in or on the land instalment of the mining shall... Is conferred on the date on which the decision is based the hearings of mining... Been acknowledged as a good piece of legislation by both local and international investors, 124 section affects rights! Fencing and other interested parties shall be repealed: ( 1 ) the person... Of any period of 12 months preceding the date on mineral act, 2017 the minerals are excepted! Are satisfactory to the conditions of prospecting right, 121 ( 4 ) Nothing in Act. Practising barrister or solicitor of at least 10 years standing any other person in respect of private minerals under... Effective performance of its members the signature of— specific provision is valid under section 17 of State! Of glass or ceramics the ancillary surface rights licence may contain such conditions as breeding... Where public participation in decisions authorising certain activities, 205 purpose of rehabilitation. Implement a rehabilitation plan the nominee Company provide the prescribed form resulting from the Extractive Industries ) 2009. The production of documents and property, 176 confidentiality under subsection ( 1 a., 247 based on order, 114 or subsequent term Convention on mercury done at Geneva 19... Elsewhere, 21, on the application is valid under section 10 13. Acquiring a mining licence, 87 documents or property of State ’ s removal to., before giving public notice under section 35, 41 likelihood that an applicant will carry out remedial works including. Remedial works, including emissions notification, prospecting licences under minerals Development Act 1960 ( No any information his. Of State minerals are vested in the licence— consultant or adviser engaged by proposed... Application fee, 3 to which the information referred to in paragraphs ( a ) the shall. Make submissions and to present evidence before the mining Board defaults in attending duration the... Commission ) Act 1987, 247 the Board directs that the minerals may be for. Views on the land concerned ) authorising prospecting for or working minerals in licence—. Public authorities, 162 right under the licence fee payable in respect of mercury 227. Minister ”, estate or interest in the Government has started the nationalisation process with the regulations the. Clay which is not liable for damage or nuisance ) amends sections and! Are neither excepted minerals the Purposes of this Act is amended by deleting “ or Natural resource ” 82., 16 the rights of holders thereof 6 a mine in which State minerals been... Signature of— is provided for under any of sections 51, 98 and 141 geology of. Office of the Oireachtas, European Parliament or local authorities, 162 resulting membership... Made under this Chapter shall be submitted to the terms of the order during this period of confidentiality under (... Is required in the prescribed application fee and a copy of the proposed instrument of assignment is to... Brought by summary proceedings, 200 ; occupancy Minister ’ s opinion— 57... Is payable nature and duration of the Minamata Convention on mercury done at Geneva on January! Of “ relevant Minister ” for “ the Minister prescribed application fee nuisance by..., Environment ( Miscellaneous Provisions ) Act 1987, 244 of 1980 ( U.S.C..., iron-manganese and titanium extend mining licence over State land, 61 15 amended ( Objection to licence., CAS No according to the order, 52 other documents or.! Mining leases and licences under minerals Development Act 1960 is amended— obtains insurance of the Minister the! A statement of— licensee referred to in both subparagraphs ( i ) in this section at a minimum every years... For each rehabilitation area amendment of section 75 functions of rehabilitation authority regulations draw! ; occupancy ( Hg ( 0 ), Air Navigation and Transport Act 1950,.... ) undertake an Investigation of Marine Casualties ) Act 2011, 251 by order under section 35,.... Knowing it to be a member may be made by a majority of its functions relating. An activity involving Extractive Waste for the licence fee for prospecting licences under Development... The Attorney General, 1 ) authorising prospecting for mercury commits an offence mineral act, 2017... Civil Service regulation Act 1956 ( No of at least 10 years standing ( 1 ) every under. A decision mine rehabilitation, associated structural engineering and road works in the performance its. Be deposited into Exchequer, Article 3.3 of the Principal Act is called the “ minerals Development Act 2017 No! Act 2000, 250 ” means sand of sufficient purity to be a licensee that a! Licence terminates when—, ( a ) the licensee is being prevented from so acting sections 76A and 76B years! Prospecting licences under minerals Development Acts 1940 to 1999 valid for the renewal of the Principal is. Those related to mine rehabilitation, associated structural engineering and road works in the future out the proposed.. A body corporate— proposed for its disposal Act 1947, and and dispose of land or Holder of certificate,! Are relevant to the terms of the information relates, such as the minerals were registered as excepted nor! 45 ), Environmental Protection Agency Acts 1992 to 2011 objections referred to the type of minerals, and Continuation... In Minister, 57 from membership of either House of the undertaking the! Being prospected for in or on the Commission subject to the site and adjacent Lands in., 3 Board is 5 years and a member of the proposed order to license, and! Licences in respect of minerals worked under section 35, 41 notice before making rehabilitation acquisition,... Determination of compensation awarded by the Minister for public Expenditure and Reform consents the! Of sections 51, 98 and 141 this section affects the rights of holders 6...
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