S.I. No. 82/1932 - The Mines and Minerals Act, Regulations, 1932.

STATUTORY RULES AND ORDERS. 1932. No. 82.

THE MINES AND MINERALS ACT, REGULATIONS, 1932.

THE MINES AND MINERALS ACT, REGULATIONS, 1932, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 26th DAY OF AUGUST, 1932, PURSUANT TO SECTION 54 of THE MINES AND MINERALS ACT, 1931 .

WHEREAS it is enacted by sub-section (1) of section 54 of the Mines and Minerals Act, 1931 , that the Minister for Industry and Commerce may make regulations in respect of any matter or thing referred to in that Act as prescribed or to be prescribed, and it is further enacted by sub-section (2) of the said section 54 that every regulation so made by the Minister shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it annulling such regulation, such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation. And whereas an arrangement previously authorised by an Order of the Executive Council has been made that the Minister for Posts and Telegraphs shall exercise the duties of the said Minister for Industry and Commerce:

NOW, THEREFORE, the Minister for Posts and Telegraphs, Saorstát Eireann, as agent for the said Minister for Industry and Commerce, in exercise of the powers conferred on the said Minister for Industry and Commerce by section 54 of the Mines and Minerals Act, 1931 , and of all other powers him in this behalf enabling, hereby makes the following regulations:—

1. These regulations may be cited for all purposes as the Mines and Minerals Act, Regulations, 1932.

2. The Interpretation Act, 1923 , applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In these regulations—

the expression "the Act" means the Mines and Minerals Act, 1931 ;

the expression "the Minister" means the Minister for Industry and Commerce.

4. The form in which lessees shall make the returns required by section 16 of the Act shall be the form, MA. in the Schedule to these regulations.

5. The form of application for the grant of a mining right under section 21 of the Act shall be the form MB. in the Schedule to these regulations, and such application shall be verified in the manner provided by the said form.

6. The form of application for the grant of an ancillary right under section 21 of the Act shall be the form MC. in the Schedule to these regulations, and such application shall be verified in the manner provided by the said form.

7. (1) An applicant for the grant of a mining right or an ancillary right shall serve a copy of his application to the Minister in that behalf on each of the persons mentioned in paragraph (3) of this regulation at a date not later than three days after the date of his said application to the Minister.

(2) Such copies shall be served by sending them by registered post addressed to the last known addresses of such persons.

(3) The persons on whom such copies are to be served are—

(i) in the case of an application for a mining right, the persons named under paragraph IV (a) of the application to the Minister;

(ii) in the case of an application for an ancillary right, the persons named under paragraph V (a) of the application to the Minister.

8. The form in which grantees of mining rights shall make the returns required by section 27 of the Act shall be the form MD. in the Schedule to these regulations.

9. The form of application for restrictions on the working of minerals required for support under section 28 of the Act shall be the form ME. in the Schedule to these regulations, and such applications shall be verified in the manner provided by the said form.

10.— (1) An applicant for restrictions on the working of minerals required for support shall serve a copy of his application to the Minister in that behalf on each of the persons mentioned in paragraph (3) of this regulation not later than three days after the date of his said application to the Minister.

(2) Such copies shall be served by sending them by registered post addressed to the last known addresses of such persons.

(3) The persons on whom such copies are to be served are the persons named under paragraph VI (a) of the application to the Minister.

By Order of the Minister for Posts and Telegraphs, as agent for the Minister for Industry and Commerce.

Dated this 26th day of August, 1932.

(Signed), JOHN LEYDON,

Secretary.

DEPARTMENT OF INDUSTRY AND COMMERCE.

FORM MA.

MINES AND MINERALS ACT, 1931 .

SECTION 16.

ROINN TIONNSCAIL AGUS TRACHTALA—BRAINSE TRADALA AGUS TIONNSCAIL.

(Department of Industry and Commerce—Trade and Industries Branch).

The Minister for Industry and Commerce hereby requires you to furnish within twenty-eight days from this date the information asked for on the prescribed form hereunder.

(Return under sec. 16 (1) of Mines and Minerals Act, 1931 .)

I,................of................in the County of................ Lessee of the above named and described areas, do solemnly and sincerely declare that I have personal knowledge of the several facts stated in the foregoing return and that to the best of my knowledge and belief the foregoing statements are, and each of them is, true and correct. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act, 1835.

*This is to be altered as the case requires where any declaration is made before a Commissioner for Oaths.

NOTE.—Sub-section 2 of section 16 of the Mines and Minerals Act, 1931 , reads:—

"If any person on being required under this section by the Minister to furnish to him any information fails or refuses to furnish such information or furnishes information which is false or misleading in any material respect or otherwise makes default in complying with this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and in the case of a continuing offence a further fine not exceeding ten pounds for every day during which the offence is continued."

FORM MB.

MINES AND MINERALS ACT, 1931 .

SECTION 21 (1).

FORM OF APPLICATION FOR A MINING RIGHT.

I—I (or we)¹

of

hereby apply to the Minister for Industry and Commerce for the grant of—² a mining (proprietor's) right, and a mining (small parcels) right, and a mining (area) right, and a mining (unworked minerals) right, and a mining (adjustment of boundaries) right, in respect of the minerals comprised in or lying under the area or areas delineated on the attached six-inch Ordnance Sheet which is submitted in duplicate. The townlands in respect of which mining rights are sought are specified on the attached sheet which is also submitted in duplicate.

II—To the best of my (or our) knowledge, the minerals in respect of which the aforesaid application is made are of the following nature:—³

1. Insert here the name and postal address of the applicant(s).

2. Strike out any line referring to a right for which application is not made.

3. Specify here the nature of the minerals.

III—My (or our) interest in the minerals in respect of which the aforesaid application is made is as follows:—⁴

IV—(a) The names and postal addresses of the persons who have power to grant, or whose concurrence is necessary for the exercise of, the right or rights applied for are as follows:—⁵

(b) The titles under which the above persons have power to grant the right or rights applied for, or under which their concurrence is necessary for the exercise of such right or rights (as the case may be) are as follows:—⁶

V—I (or we), having regard to the provisions of the Mines and Minerals Act, 1931 , applicable to my (or our) case, allege the following circumstances as justifying the grant of the right or rights applied for:—⁷

4. Here state the nature of the applicant's interest in the minerals, and of the title to such interest.

If the applicant's interest in the minerals is leasehold, the duration of such interest must be here stated.

If the application is for a mining (unworked minerals) right. and the applicant has no interest in the minerals, a statement to this effect must be made here.

5. If such persons or any of them cannot be ascertained, a statement to that effect must be made here.

If such persons or any of them cannot be found, a statement to that effect must be made here.

6. A concise statement of the title of each person named in para IV (a) must be made here, except in a case where it is stated that the person cannot be ascertained.

7. In making the statement applicants should have regard to the provisions in sections 18 and 20 of the Act enabling the grant of the right or rights applied for; and in particular to the obligation on applicants under section 20 of showing that it is not reasonably practicable, for one or more of the reasons specified in that section, to obtain the right by private arrangement.

VI—I (or we), are of opinion that the right or rights applied for ought to be granted for the following periods:—⁸

VII—I (or we) hereby certify that all the statements made in this application are true to the best of my (or our) knowledge, information and belief.

8. Applicants should here state the period for which, in their opinion, each of the rights applied for should be granted.

In making this statement applicants should have regard to the provisions of section 23 of the Mines and Minerals Act, 1931 , and should state the reasons for their opinion as to the duration of the grant of the right.

FORM MC,

MINES AND MINERALS ACT, 1931 .

SECTION 21 (2).

FORM OF APPLICATION FOR AN ANCILLARY RIGHT.

I—I (or we)¹

of

hereby apply to the Minister for Industry and Commerce for the grant of the following ancillary right(s):—²

1. Insert here the name and postal address of the applicant(s).

2. Here state the ancillary right or rights for the grant, of which application is made.

for the proper and convenient working of the minerals comprised in or lying under the area or areas delineated on the attached six inch Ordnance Sheet which is submitted in duplicate. The townlands in respect of which such ancillary rights are sought are specified on the attached sheet which is also submitted in duplicate.

II—To the best of my (or our) knowledge, the minerals in respect of which the aforesaid application is made are of the following nature:—³

III—I (or we) hereby furnish such plans, maps and sections as are required to explain in detail the nature and working of the right(s) applied for.

IV—⁴(a) I (or we) have a right to work the minerals in respect of which the aforesaid application is made by virtue of:—⁵

(b) I (or we) have applied to the Minister for Industry and Commerce for a mining right, by application dated day of 193 .

V—(a) The names and postal addresses of the persons who have power to grant, or whose concurrence is necessary for the exercise of, the right or rights applied for are as follows:—⁶

If such persons or any of them cannot be found, a statement to that effect must be made here.

(b) The titles under which the above persons have power to grant the right or rights applied for, or under which their concurrence is necessary for the exercise of such right or rights (as the case may be) are as follows—:⁷

3. Specify here the nature of the minerals.

4. Strike out (a) or (b) in this paragraph if not applicable in the applicant's case.

5. Here state the applicant's title to work the minerals.

6. If such persons or any of them cannot be ascertained, a statement to that effect must be made here.

7. A concise statement of the title of each person named in paragraph V (a) must be made here, except in a case where it is stated that the person cannot be ascertained.

VI—I (or we), having regard to the provisions of the Mines and Minerals Act, 1931 , applicable to my (or our) case, allege the following circumstances as justifying the grant of the right or rights applied for:—⁸

VII—I (or we) are of opinion that the right or rights applied for ought to be granted for the following periods:—⁹

VIII—I (or we) hereby certify that all the statements made in this application are true to the best of my (or our) knowledge, information and belief.

8. In making this statement applicants should have regard to the provisions of sections 19 and 20 of the Act enabling the grant of the right or rights applied for; and in particular to the obligation on applicants, under section 20, of showing that it is not reasonably practicable, for one or more of the reasons specified in that section, to obtain the right by private arrangement.

9. Applicants should state here the period for which, in their opinion, each of the rights applied for should be granted.

In making this statement applicants should have regard to the provisions of section 23 of the Mines and Minerals Act, 1931 , and should state their reasons for their opinion as to the duration of the grant of the right.

ROINN TIONNSCAIL AGUS TRACHTALA—BRAINSE TRADALA AGUS TIONNSCAIL.

(Department of Industry and Commerce—Trade and Industries Branch).

The Minister for Industry and Commerce hereby requires you to furnish within twenty-eight days from this date the information asked for on the prescribed form hereunder.

Dated........................193..

(Return under Sec. 27 (1) of Mines and Minerals Act, 1931 .)

I,.............................of.............................in the County of......................... Lessee of the above named and described areas, do solemnly and sincerely declare that I have personal knowledge of the several facts stated in the foregoing return and that to the best of my knowledge and belief the foregoing statements are, and each of them is, true and correct. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act, 1835.

*This is to be altered as the case requires where any declaration is made before a Commissioner for Oaths.

NOTE.—Sub-section 2 of section 27 of the Mines and Minerals Act, 1931 , reads:—

"If any person on being required under this section by the Minister to furnish any information to him, fails or refuses to furnish such information or furnishes information which is false or misleading in any material respect or otherwise makes default in complying with this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and in the case of a continuing offence a further fine not exceeding ten pounds for every day during which the offence is continued."

FORM ME.

MINES AND MINERALS ACT, 1931 . SECTION 28.

FORM OF APPLICATION FOR IMPOSITION OF RESTRICTIONS ON THE WORKING OF MINERALS REQUIRED FOR SUPPORT.

I—I (or we)¹

of

hereby apply to the Minister for Industry and Commerce for the imposition of such restrictions on the working of the minerals under or adjacent to the area or areas delineated on the attached six-inch Ordnance Sheet (submitted in duplicate), as he may consider necessary to secure sufficient support to the following buildings or works erected or constructed, or intended to be erected or constructed, on or below the surface of such lands, namely:—²

1. Insert here the names and postal addresses of the applicant(s).

2. Here state the nature of the buildings or works, specifying those already erected or constructed and those intended to be erected or constructed.

II—I (or we) are of opinion that the following restrictions on the working of the minerals are necessary to secure the support referred to in the preceding paragraph, namely:—³

III—To the best of my (or our) knowledge the minerals in respect of which the restrictions are sought are of the following nature:—⁴

IV—I (or we) hereby furnish such maps, plans and sections as are required to explain in detail the nature of the support required having regard to the particular buildings or works referred to in paragraph (I).

V—I (or we) have an interest in the lands delineated on the map referred to in paragraph (I) by virtue of:—⁵

VI—(a) The names and postal addresses of the persons who have power to grant a right of support for the buildings or works mentioned in paragraph (I) are as follows:—⁶

(b) The titles under which such persons have power to grant such right of support are as follows:—⁷

VII—I (or we) allege:—⁸

3. Here state the nature of the restrictions which, in the opinion of the applicant(s) ought to be imposed.

4. Here specify the nature of the minerals, the working of which is sought to be restricted.

5. A concise statement of the applicant's interest in the lands must be made here.

6. If such persons or any of them cannot be ascertained, a statement to that effect must be made here.

If such persons or any of them cannot be found, a statement to that effect must be made here.

7. A concise statement of the title of each person named under paragraph VI (a) must be made here, except in a case where it is stated that the person cannot be ascertained.

8. The allegations must be made here which are required by section 28 of the Mines and Minerals Act, 1931 , as the basis of the particular application.

9. In making this statement applicants should have regard to the provisions of section 30 of the Mines and Minerals Act, 1931 ; and should state their reasons for their opinion as to the period of the imposition of restrictions.

VIII—I (or we) are of opinion that the restrictions sought ought to be imposed for the following period:—⁹

IX—I (or we) hereby certify that all the statements made in this application are true to the best of my (or our) knowledge, information and belief.