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Minerals Development Act, 1940

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Number 31 of 1940.


MINERALS DEVELOPMENT ACT, 1940.


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title.

2.

Definitions.

3.

“Minerals”.

4.

State mining rights under the Land Purchase Acts.

5.

“State minerals”.

6.

“Ancillary rights”.

PART II

Right of Entering and Prospecting Unworked Minerals and Grant of Prospecting Licences

7.

Entering and prospecting for minerals.

8.

Prospecting licences.

9.

Applications for prospecting licences.

10.

Compensation for damage under Part II.

11.

Restriction on working minerals by licensees.

12.

Revocation and termination of prospecting licences.

13.

Undertaking by Minister to grant leases.

PART III

Compulsory Acquisition of Unworked Minerals and of Mining Facilities

14.

Minerals acquisition orders.

15.

Publications and services in respect of minerals acquisition orders.

16.

Compensation for State acquired minerals.

17.

Claims for compensation for State acquired minerals.

18.

Surrender by the Minister of an exclusive mining right.

19.

Compulsory acquisition of land and ancillary rights.

20.

Notices in respect of mining facilities acquisition orders.

21.

Compensation for mining facilities.

22.

Licences in respect of State acquired minerals.

23.

Applications for licences in respect of State acquired minerals.

24.

Form and contents of licences in respect of State acquired minerals.

25.

Compensation for damage under Part III.

PART IV

State Minerals

26.

State mining leases.

27.

Furnishing of information by lessees of State mining leases.

28.

Grant of State mining permissions.

29.

Saving in respect of State lands.

30.

Right of Minister to work and dispose of State minerals.

31.

Right of entry and user of land containing State minerals.

32.

Fencing of abandoned State minerals.

PART V

The Mining Board

33.

Establishment of the Mining Board.

34.

Regulations for proceedings before Board.

35.

Powers of Board.

36.

Entry on land by the Board or officers thereof.

37.

Staff of the Board.

PART VI

Facilities for Development of Privately Owned Minerals and Grant of Restrictions on Working Minerals Required for the Support of Land or Buildings

38.

Applications for unworked minerals licences.

39.

Restrictions on the grant of unworked minerals licences.

40.

Applications for ancillary rights licences.

41.

Restrictions on the grant of ancillary rights licences.

42.

Applications for preservation of support orders.

43.

Restrictions on the grant of preservation of support orders.

44.

Preliminary consideration of applications and references to Board.

45.

Fees on applications.

46.

Inquiry and report by Board in relation to applications.

47.

Grant of applications by Minister.

48.

Form and operation of unworked minerals licences.

49.

Form and operation of ancillary rights licences.

50.

Form and operation of preservation of support orders.

51.

Restricted effect of grant of licences and orders.

52.

Grant of licences and orders to persons in a fiduciary capacity.

53.

Compensation under Part VI.

54.

Expenses of the Board in relation to inquiries.

55.

Costs of the parties at inquiries.

56.

Furnishing of information to Minister by licensees.

PART VII

Compensation

57.

Definitions for purposes of Part VII.

58.

Determination of the amount of compensation.

59.

Applications for compensation in respect of land.

60.

Agreed compensation in respect of land subject to land purchase annuity.

61.

Applications for compensation for State acquired minerals.

62.

Applications for compensation under Part VI.

63.

Fees on applications for compensation.

64.

Right of audience on hearings before the Board.

65.

Awards of compensation.

66.

Awards of compensation in respect of land subject to land purchase annuity.

67.

Basis for assessment of compensation in respect of minerals and ancillary rights.

68.

Form of compensation for State acquired minerals and for unworked minerals licences.

69.

Compensation in the case of unascertained persons.

70.

Finality of Board's decisions on questions of fact.

71.

Cases stated on questions of law.

72.

Deductions from compensation of debts due to the State.

73.

Awards of costs.

PART VIII

Miscellaneous and General

74.

Prohibition on working minerals without lawful authority.

75.

Minister to be given notice of shafts and boreholes.

76.

Powers of Inspectors.

77.

Laying of half-yearly reports before the Oireachtas.

78.

Disposal of moneys received as consideration.

79.

Collection and disposal of fees.

80.

Regulations.

81.

Expenses.

82.

Amendment of the Foreshore Act, 1933.

83.

Repeal of the Act of 1931.


SCHEDULE


Acts Referred to

Mines and Minerals Act, 1931

No. 54 of 1931

Land Act, 1923

No. 42 of 1923

Foreshore Act, 1933

No. 12 of 1933

Acquisition of Land (Reference Committee) Act, 1925

No. 22 of 1925

National Monuments Act, 1930

No. 2 of 1930

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Number 31 of 1940.


MINERALS DEVELOPMENT ACT, 1940.


AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE DEVELOPMENT AND WORKING OF THE MINERAL RESOURCES OF THE STATE. [14th November, 1940.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—