S.I. No. 28/1941 - Minerals Development Regulations, 1941.

STATUTORY RULES AND ORDERS. 1941. No. 28.

MINERALS DEVELOPMENT REGULATIONS, 1941.

The Minister for Industry and Commerce, in exercise of the powers conferred on him by the Minerals Development Act, 1940 (No. 31 of 1940), and of every and any other power him in this behalf enabling, and, in so far as these Regulations relate to the amount or collection of any fees, with the consent of the Minister for Finance, testified by his official seal affixed hereto, by this Order, makes the following Regulations:—

PART I. PRELIMINARY.

1 Short title

1. These Regulations may be cited as the Minerals Development Regulations, 1941.

2 Definitions

2. In these Regulations, the expression "the Act" means the Minerals Development Act, 1940 (No. 31 of 1940).

PART II. APPLICATIONS AND FORMS.

(SCHEDULE I).

3 Applications for prospecting lcences

3.—(1) Every application under section 9 of the Act for a prospecting licence shall—

(a) be made in the form M.D. 1 set out in Schedule No. 1 hereto, and

(b) be accompanied by a fee of one guinea, and

(c) when duly completed, be lodged, together with the appropriate fee, with the Minister at his office in Dublin.

(2) Every applicant for a prospecting licence shall comply with the conditions specified in the said form M.D. 1, and in particular shall furnish evidence as to his character, financial standing and technical qualifications in the manner required by the said form.

(3) It shall be a condition precedent to the grant of every prospecting licence, that the applicant shall, on or before the granting of such licence, give security to the satisfaction of the Minister for the due fulfilment of his obligations thereunder, and for that purpose every such applicant shall specify in his application, as required by the said form M.D. 1, the nature of the security which he proposes to give, and shall, if such licence is granted to him, and on or before the grant thereof, deposit with the Minister the proposed security and such (if any) further or other security as the Minister may require.

4 Claims for compensation for State acquired minerals

4. Every claim, under section 17 of the Act for compensation for State acquired minerals shall be made in the form M.D. 2 set out in Schedule No. 1 hereto and shall be verified in the manner required by that form, and, in addition to the particulars specified in paragraph (b) of subsection (3) of the said section 17, shall contain the particulars required by the said form.

5 Applications for unworked minerals licences

5.—(1) Every application under section 38 of the Act for an unworked minerals licence shall be made in the form M.D. 3 set out in Schedule No. 1 hereto and shall be verified in the manner and contain the particulars required by the said form.

(2) Every such form of application shall, when duly completed, be lodged with the Minister at the address stated at the foot of the said form.

(3) Within three days from the date upon which any form of application duly completed under this regulation is lodged with the Minister, the applicant shall serve a copy of the said form so completed on each (if any) of the persons named by him at paragraph Iv (a) thereof as persons who have power to grant or whose concurrence is necessary for the exercise of the licence applied for.

(4) Every copy of an application required to be served on any person under the next preceding paragraph of this regulation shall be served by sending it by post in a prepaid registered letter addressed to such person at his last known address.

(5) Any person on whom a copy of an application is served under this regulation may, if he so thinks fit, at any time within a period of six weeks after the service of such copy on him, make representations to the Minister in respect of the said application.

6 Applications for ancillary rights licence

6.—(1) Every application under section 40 of the Act for an ancillary rights licence shall be made in the form M.D. 4 set out in Schedule No. 1 hereto and shall be verified in the manner, and contain the particulars required by the said form.

(2) Every such form of application shall, when duly completed, be lodged with the Minister at the address stated at the foot of the said form.

(3) Within three days from the date upon which any form of application duly completed under this regulation is lodged with the Minister, the applicant shall serve a copy of the said form so completed on each (if any) of the persons named by him at paragraph V (a) thereof as persons who have power to grant or whose concurrence is necessary for the exercise of the licence applied for.

(4) Every copy of an application required to be served on any person under the next preceding paragraph of this regulation shall be so served by sending it by post in a prepaid registered letter addressed to such person at his last known address.

(5) Any person on whom a copy of an application is served under this regulation may, if he so thinks fit, at any time within a period of six weeks after the service of such copy on him, make representations to the Minister in respect of the said application.

7 Applications for preservation of support orders

7.—(1) Every application under section 42 of the Act for a preservation of support order shall be made in the form M.D. 5 set out in Schedule No. 1 hereto, and shall be verified in the manner and contain the particulars required by that form.

(2) Every such form of application shall, when duly completed, be lodged with the Minister at the address stated at the foot of the said form.

(3) Within three days from the date upon which any form of application duly completed under this regulation is lodged with the Minister, the applicant shall serve a copy of the said form so completed on each (if any) of the persons named by him at paragraph VI (a) thereof as persons who have power to grant a right of support for the building mentioned in the said form.

(4) Every copy of an application required to be served on any person under the next preceding paragraph of this regulation shall be so served by sending it by post in a prepaid registered letter addressed to such person at his last known address.

(5) Any person on whom a copy of an application is served under this regulation may, if he so thinks fit, at any time within a period of six weeks after the service of such copy on him make representations to the Minister in respect of the said application.

8 Furnishing of information by lessees of State mining leases

8.—(1) Every lessee of a State mining lease shall, at least once in every period of six months furnish to the Minister a return in the form M.D. 6 set out in Schedule No. 1 hereto, giving such information in relation to the minerals and the working of the minerals demised by such lease as is required by that form.

(2) The information required to be given under this regulation shall be in addition and without prejudice to any information required to be furnished under subsection (1) of section 27 of the Act.

9 Furnishing of information by licensees of unworked minerals licences

9. Every person required by the Minister under subsection (1) of section 56 of the Act to furnish to him any information, shall furnish such information by making a return in the form M.D. 7 set out in Schedule No. 1 hereto, and lodging the said return with the Minister at the address stated at the foot thereof not later than twenty-eight days after the receipt of such requisition by such person.

PART III. TERMS AND CONDITIONS INCORPORATED IN PROSPECTING LICENCES (SCHEDULE No. 2).

10 Incorporation of model clauses in prospecting licences

10. Without prejudice to the power of the Minister under subsection (1) of section 8 of the Act to specify in a prospecting licence such terms and conditions as he thinks proper, and subject to the provisions of the said section 8, there shall be incorporated in every prospecting licence such of the model clauses set out in Schedule No. 2 hereto as the Minister may, in any particular case, consider appropriate, and any such model clause may be so incorporated with such modifications or variations as the circumstances of any particular case may require.

PART IV. PROCEEDINGS BEFORE THE MINING BOARD.

11 Times and places of sittings

11.—(1) The Board shall sit at such times and, with the approval of the Minister, at such places as they may, from time to time, consider convenient for the discharge of their functions under the Act.

(2) The Board may at any time adjourn a sitting of the Board.

12 Applications under Part VI in relation to persons who cannot be ascertained or found

12.—(1) Whenever, in the case of any application under Part VI of the Act for an unworked minerals licence, an ancillary rights licence, or a preservation of support order, the applicant states in his application that any of the persons on whom he is required by these Regulations to serve a copy of such application cannot be ascertained, or if ascertained, cannot be found, it shall not be necessary for the applicant to serve a copy of the application on that person, and the absence of such service shall not invalidate such application.

(2) If any application to which the provisions of the next preceding paragraph of this regulation apply is referred by the Minister to the Board for inquiry and report under section 46 of the Act, the Board may, if they so think fit, require the applicant either—

(a) to satisfy the Board, by affidavit, oral evidence or otherwise, that any person upon whom (but for the said paragraph) he would be required to serve a copy of such application cannot be ascertained, or if ascertained, cannot be found, or

(b) to take such further steps as the Board may direct to ascertain or find such person,

and the applicant shall comply with such requisition.

(3) Whenever the Board direct an applicant under sub-paragraph (b) of the next preceding paragraph to take further steps to ascertain or find any person, the Board may adjourn their sittings in relation to the application of such applicant until the steps so directed to be taken are taken to the satisfaction of the Board.

13 Notices of sittings in the case of inquiries under Part VI of the Act

13.—(1) Whenever the Board hold an inquiry in relation to an application for an unworked minerals licence, an ancillary rights licence or a preservation of support order under section 46 of the Act, they shall, not less than seven days before the holding of such inquiry, give notice in writing of their intention to hold the same and of the time and place at which they propose to hold their sittings for the purposes thereof to each of the following persons, namely :—

(a) the Secretary, Department of Industry and Commerce ;

(b) the Secretary, Irish Land Commission ;

(c) the applicant ;

(d) each of the persons named in the said application upon whom, in pursuance of these Regulations, a copy of the application is required to be served ;

(e) every person who has made representations to the Minister in relation to the said application within the time limited by these Regulations for the making of such representations.

(2) The notice required to be given by the next preceding paragraph of this regulation shall in every case be sent by post, and in the case of every person mentioned in subparagraph (d) of that paragraph, in a prepaid registered letter addressed to such person at the address stated in the application which is the subject of such inquiry or at his last known address, or, in the case of every person mentioned in subparagraph (e) of the said paragraph, in a prepaid registered letter addressed to such person at his last known address.

(3) In addition to the notice required by the foregoing paragraphs of this regulation to be given of the holding of an inquiry under section 46 of the Act, the Board may, if they consider it necessary so to do, give such additional notice of the holding of such inquiry and of the times and places of the sittings of the Board for the purposes thereof as will enable—

(a) any person claiming to have an estate or interest in any minerals which are the subject of the application in relation to which such inquiry is being held, and

(b) any other person in respect of whom it appears to the Board that he would be substantially affected by the grant of such application

to appear at such inquiry and, in exercise of the right conferred on him by subsection (1) of section 46 of the Act, be heard and adduce evidence thereat.

14 Notice of sittings in proceedings under Part VII of the Act for compensation

14. Whenever an application under Part VII of the Act is made to the Board to determine the amount of compensation payable under the Act, the Board shall give notice of their intention to hear such application and of the times and places at which they propose to hear the same in such manner as will enable each of the persons mentioned in section 64 of the Act to exercise (if he so wishes) the right conferred on him by that section to appear, be heard and adduce evidence before the Board on the hearing of such application.

15 Public and private sittings

15. The sittings of the Board shall be open to the public unless, in their discretion, the Board consider, either of their own motion or at the instance of any person appearing or giving evidence before them, that the public should be excluded from any particular sitting or part of a sitting, in which case the Board may hold that sitting or part of a sitting in private.

16 Practice and procedure of the Board

16. Subject to the provisions of the Act and of these Regulations, the Board shall regulate its own practice and procedure.

PART V. MISCELLANEOUS FEES.

17 Fees on applications under Part VI

17. The fee payable under section 45 of the Act by an applicant for an unworked minerals licence, an ancillary rights licence or a preservation of support order shall be three guineas in respect of each application.

18 Fees on applications under Part VII

18. The fee payable under section 63 of the Act on an application to determine compensation by a person other than the Minister or the Land Commission shall be ten shillings and sixpence in respect of each application.

GIVEN under the Official Seal of the Minister for Industry and Commerce this 7th day of February, 1941.

SEÁN MacENTEE.

I consent to the foregoing Regulations in so far as they relate to the amount or collection of any fees.

SEÁN T. O CEALLAIGH,

Minister for Finance.

SCHEDULE NO. 1.

Form M.D. 1.

MINERALS DEVELOPMENT ACT, 1940 .

(SECTION 9).

MINERALS DEVELOPMENT REGULATIONS, 1941, ART. 3.

APPLICATION FOR A PROSPECTING LICENCE.

(1) Name(s) of Applicant(s) in full............................................................ ............................................................ ......

............................................................ ............................................................ ............................................................ .....

............................................................ ............................................................ ............................................................ .....

............................................................ ............................................................ ............................................................ .....

(2) Address(es) of Applicant(s)............................................................ ............................................................ ..........

............................................................ ............................................................ ............................................................ .....

............................................................ ............................................................ ............................................................ .....

............................................................ ............................................................ ............................................................ .....

(3) Nationality of Applicant(s)............................................................ ............................................................ ............

............................................................ ............................................................ ............................................................ .....

............................................................ ............................................................ ............................................................ .....

(4) Occupation of Applicant(s)............................................................ ............................................................ ...........

............................................................ ............................................................ ............................................................ .....

............................................................ ............................................................ ............................................................ .....

(5) Period for which Licence is required*............................................................ .....................................

............................................................ ............................................................ ............................................................ .....

............................................................ ............................................................ ............................................................ .....

(6) Situation and number of acres of land for which application is made (a)........................................

............................................................ ............................................................ ............................................................ .....

............................................................ ............................................................ ............................................................ .....

(7) Name(s) and Address(es) of the occupier(s) of the land to be prospected (b)...............................

............................................................ ............................................................ ............................................................ .....

............................................................ ............................................................ ............................................................ .....

(8) Brief particulars of previous experience in prospecting for minerals............................................................ ..

............................................................ ............................................................ ............................................................ .....

............................................................ ............................................................ ............................................................ .....

(9) Names and qualifications of technical experts or advisers............................................................ ...................

............................................................ ............................................................ ............................................................ .....

............................................................ ............................................................ ............................................................ .....

Licence period limited to 1 year but renewals are allowed.

(a) Ordnance sheet (in duplicate) on the scale of six inches to the mile on which the area is edged with a red verge line must accompany the application.

(b) The name of the occupier and the area occupied by him must be indicated on the Ordnance Sheets

(10) Amount of capital for operations under the Licence applied for

(a) At present available............................................................ ...

(b) Which applicant can make available............................................................ ..................

and the source............................................................ ..........

(11) Security which will be given for the due fulfilment of Licencee's obligations under the Prospecting Licence, if granted............................................................ ............................................................ ................................

............................................................ ............................................................ ............................................................ .....

............................................................ ............................................................ ............................................................ .....

(12) Names and addresses of three persons to whom the Minister can refer for evidence as to character, financial standing, and technical qualifications of the applicants—

(a)............................................................ ............................................................ .

(b)............................................................ ............................................................ .

(c)............................................................ ............................................................ ..

I/We hereby declare that all the foregoing particulars are correct. I/We enclose herewith the Ordnance Sheets referred to under (6) and a remittance of £1 1s. 0d., being the prescribed fee on application.

Signature(s) of Applicant(s)

............................................................ ..................

The Secretary,                    Date............................................

Trade and Industries Branch,

Department of Industry and Commerce,

Lord Edward Street,

Dublin.

Form M.D. 2.

MINERALS DEVELOPMENT ACT, 1940 .

(SECTION 17).

MINERALS DEVELOPMENT REGULATIONS, 1941. ART. 4.

CLAIM FOR COMPENSATION FOR STATE ACQUIRED MINERALS.

(1) Date of Minerals acquisition Order under which claim is made............................................................ .....

............................................................ ............................................................ ............................................................ 

(2) Name(s) of Applicant(s) in full............................................................ ............................................................ .

............................................................ ............................................................ ............................................................ .

............................................................ ............................................................ ............................................................ .

............................................................ ............................................................ ............................................................ .

(3) Address(es) of Applicant(s)............................................................ ............................................................ .....

............................................................ ............................................................ ............................................................ .

............................................................ ............................................................ ............................................................ ..

............................................................ ............................................................ ............................................................ ...

(4) Nature of the Applicant's interest in the minerals acquired by the Order*

............................................................ ............................................................ ............................................................ .....

............................................................ ............................................................ ............................................................ .....

(5) Situation, nature and extent of the minerals in respect of which such interest exists ..................................

............................................................ ............................................................ ............................................................ ......

(6) Claims or encumbrances to which applicant's interest is subject............................................................ ......

............................................................ ............................................................ ............................................................ .....

............................................................ ............................................................ ............................................................ .....

(7) If applicant is a tenant purchaser under the Land Purchase Acts state

(a) Act under which purchase was made..............................................

(b) Land Commission Receivable Order number.................................

I/We hereby declare that all the foregoing particulars are correct.

Witness to the signature of Signature

The Secretary,

Trade and Industries Branch,

Department of Industry and Commerce,

Lord Edward Street, Dublin.

* Documents in support of the claim should not be forwarded until requested by the Department.

†The witness to Applicant's signature must state his Profession, or Occupation and give a permanent address. He should be a person of known position as a District Justice, Peace Commissioner, Solicitor, Clergyman, or Registered Medical Practitioner.

‡ The applicant should sign here.

Form M.D.3.

MINERALS DEVELOPMENT ACT, 1940 .

(SECTION 38).

MINERALS DEVELOPMENT REGULATIONS, 1941, ART. 5.

FORM OF APPLICATION FOR AN UNWORKED MINERALS LICENCE.

I. I (or we)¹............................................................ .................. of............................................................ ................................... hereby apply to the Minister for Industry and Commerce for the grant of an unworked minerals licence 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 an unworked minerals licence is 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 :—²

III. My (or our) interest in the minerals in respect of which the aforesaid application is made is as follows :—³

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 licence applied for are as follows :—⁴

(b) The titles under which the above persons have power to grant the licence applied for, or under which their concurrence is necessary for the exercise of such licence (as the case may be) are as follows :—⁵

V. I (or we) having regard to the provisions of the Minerals Development Act, 1940 , applicable to my (or our) case, allege the following circumstances as justifying the grant of the licence applied for :—⁶

VI. I (or we) are of opinion that the licence applied for ought to be granted for the following periods :—⁷

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.

Signature of Applicant(s):

............................................................ 

Dated this.........day of.............................., 19...

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

2. Specify here the nature of the minerals.

3. Here state the nature of the applicant's interest in the minerals.

4. 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.

5. 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.

6. In making the statement applicants should have regard to the provisions in section 39 of the Act enabling the grant of the licence applied for ; and in particular to the obligation on applicants of showing that it is not reasonably practicable to obtain the licence by private arrangement.

7. Applicants should here state the period for which, in their opinion, the license applied for should be granted.

In making this statement applicants should state the reasons for their opinion as to the duration of the grant of the licence.

To:

The Secretary,

Department of Industry and Commerce,

Trade and Industries Branch,

Lord Edward Street, Dublin.

Note.—Under section 38 (4) of the Act, persons on whom copies of this application are served are entitled to make representations to the Minister of the subject of the application.

Copies of the application should be served by the applicant on the persons mentioned at paragraph IV of the form, by registered post, within three days of lodging the application with the Minister. (Art. 5 (3) Minerals Development Regulations, 1940.)

Form M.D. 4

MINERALS DEVELOPMENT ACT, 1940 .

(SECTION 40.)

MINERALS DEVELOPMENT REGULATIONS, 1941, ART. 6.

FORM OF APPLICATION FOR AN ANCILLARY RIGHTS LICENCE.

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

for the proper and efficient 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 licence applied for.

IV. ⁴(a) I (or we) have a licence 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 an unworked minerals licence by application dated......... day of ...................................., 19.........

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

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

2. Here state the ancillary right or rights for which application for a licence is made.

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.

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

VI. I (or we), having regard to the provisions of the Minerals Development Act, 1940 , applicable to my (or our) case allege the following circumstances as justifying the grant of the licence applied for :—⁸

VII. I (or we) are of opinion that the licence 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.

Signature of applicant(s) :A

............................................................ 

Dated this.........day of.............................., 19.........

To:

The Secretary,

Department of Industry and Commerce,

Trade and Industries Branch,

Lord Edward Street, Dublin.

Note.—Under section 40 (4) of the Act, the persons on whom copies of this application are served are entitled to make representations to the Minister on the subject of the application.

Copies of the application should be served by the applicant on the persons mentioned at paragraph V of the form, by registered post, within three days of lodging the application with the Minister. (Art. 6 (3) Minerals Development Regulations, 1940.)

Form M.D. 5.

MINERALS DEVELOPMENT ACT, 1940 .

(SECTION 42.)

MINERALS DEVELOPMENT REGULATIONS, 1941, ART. 7.

Form of Application for Preservation of Support Order (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

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.

8. In making this statement applicants should have regard to the provisions of section 41 of the Act enabling the grant of the licence applied for ; and in particular to the obligation on applicants, of showing that it is not reasonably practicable to obtain the right by private arrangement.

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

In making this statement applicants should state their reasons for their opinion as to the duration of the grant of the licence.

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

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 (1).

V. I (or we) have an interest in the lands delineated on the map referred to in paragraph (1) 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 (1) 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

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.

Signature of Applicant(s):

............................................

Dated this.........day of.................., 19.........

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

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 43 of the Minerals Development Act, 1940 , as the basis of the particular application.

9. In making this statement applicants should state their reasons for their opinion as to the period of the imposition of restrictions.

To:

The Secretary,

Department of Industry and Commerce,

Trade and Industries Branch,

Lord Edward Street, Dublin.

Note.—Under section 42 (4) of the Act, the persons on whom copies of this application are served are entitled to make representations to the Minister on the subject of the application.

Copies of the application should be served by the applicant on the persons mentioned at VI of the form, by registered post, within three days of lodging the applications with the Minister. (Art. 7 (3) Minerals Development Regulations, 1940.)

Form M.D. 6.

MINERALS DEVELOPMENT ACT, 1940 . (Section 27 (2)).

MINERALS DEVELOPMENT REGULATIONS, 1941.—ART. 8.

(DEPARTMENT OF INDUSTRY AND COMMERCE—TRADE AND INDUSTRIES BRANCH).

RETURN BY LESSEE OF STATE MINING LEASE.

Return for period of six months from.............................day of....................19......, to....................day of................19......, with reference to Lease No............., comprising areas situate in......................and leased to............................

Declared before me by the said........................................who is/are personally known to me (or who is/are identified to me by................................who is personally known to me).

(Signed)............................................................ ............................

Peace Commissioner

NOTE.

Subsection 3 of section 27 of the Minerals Development Act, 1940 (relating to the furnishing of information by lessees of State mining leases) reads :—

" If any person who is required by this section or by any regulation made thereunder to furnish any information to the Minister—

(a) fails or refuses to furnish such information, or

(b) knowingly furnishes any such information which is false or misleading in a material particular, or

(c) otherwise makes default in complying with the provisions of this section or of any regulation made thereunder,

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 such offence is continued."

*Full name(s) of Lessee(s) to be inserted here.

†Declarant(s) shall sign in full here.

To be sent, when completed, to :—

The Secretary,

Department of Industry and Commerce,

Trade and Industries Branch,

Lord Edward Street, Dublin.

Form M.D. 7.

MINERALS DEVELOPMENT ACT, 1940 .

(SECTION 56).

MINERALS DEVELOPMENT REGULATIONS, 1941.—ART. 9.

(DEPARTMENT OF INDUSTRY AND COMMERCE—TRADE AND INDUSTRIES BRANCH).

RETURN BY LICENSEE OF UNWORKED MINERALS LICENCE.

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.

By Order of the Minister for Industry and Commerce.

............................................................ ....................

Department of Industry and Commerce

Lord Edward Street, Dublin.

..................day of...................19...

(Return under section 56 of Minerals Development Act, 1940 .)

Return for period from.........................in conformity with the requirements of the Minerals Development Act, 1940 , with reference to Unworked Minerals licence no..............comprising.................areas situate in.......................and granted to..............................

Declared before me by the said.............................................who is/are personally known to me (or who is/are identified to me by...............................who is personally known to me).

(Signed)............................................................ ........

Peace Commissioners.

NOTE.

Subsection 2 of section 56 of the Minerals Development Act, 1940 (relating to the furnishing of information by licensees of Unworked Minerals Licences) reads:—

" Every person who is required by the Minister under the foregoing subsection of this section to furnish to the Minister any information, shall so furnish such information in the prescribed form and manner not later than twenty-eight days after the receipt by him of such requisition, and if any such person fails or refuses so to furnish such information or furnishes any such information which is to his knowledge false or misleading in a material respect, 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 together with, in the case of a continuing offence, a further fine not exceeding one pound for every day on which the offence is continued."

*Full name(s) of Licensee(s) to be inserted here.

†Declarant(s) should sign in full here.

To be sent when completed to:—

The Secretary,

Department of Industry and Commerce,

Trade and Industries Branch,

Lord Edward Street, Dublin.

SCHEDULE NO. 2.

MODEL CLAUSES.

CLAUSES TO BE INCORPORATED IN PROSPECTING LICENSES UNDER PART II OF THE MINERALS DEVELOPMENT ACT, 1940 .

Interpretation.

In these Model Clauses—

(1) The " Act " means the Minerals Development Act, 1940 .

(2) The " Licensee " means the person to whom a Licence under the Act is granted, his successors in title and the persons deriving title under him.

(3) The " Minister " means the Minister for Industry and Commerce.

(4) The " licensed area " means the area for the time being upon which the Licensee may exercise powers and privileges granted by this Licence.

Right to Prospect.

In consideration of the minimum annual payments hereinafter reserved and the performance and observance by the Licensee of all the terms and conditions hereof, the Minister, in exercise of the powers conferred by the Act, hereby grants to the Licensee EXCLUSIVE LICENCE AND LIBERTY during the continuance of this Licence and subject to the provisions of Part II of the Act to enter on all those lands having a superficial area of..........acres or thereabouts situate in the County (Counties) of....................and more particularly delineated and described on the six-inch Ordnance Survey Map annexed hereto and thereon edged with a red verge line, and there to do all such things as the Licensee considers necessary or desirable for the purpose of ascertaining the character, extent or value of the minerals lying on or under such land.

Term of Licence.

This Licence, unless sooner determined under any other provisions hereof, shall be and continue in force for the term of one year next after the day of..................19.... The Minister may, at his discretion, on an application made in that behalf by the Licensee on three months' notice in writing grant a renewal of this Licence in respect of the whole of the licensed area, or any part thereof for a further term of twelve months.

Working Obligations.

The Licensee shall during the term hereby granted or any renewal thereof carry out with due diligence the scheme of prospecting or development, including geological or geophysical survey and programme of test drilling agreed by the Minister and the Licensee and set out in the Schedule to this Licence; provided that the Licensee shall not be held liable for non-performance of any of the foregoing obligations in any case where non-performance was caused by an Act of God.

Avoidance of harmful methods of prospecting.

The Licensee shall execute all operations in or in connection with the licensed area in a proper and workmanlike manner in accordance with the methods and practice customarily used in good prospecting practice. The Licensee shall comply with any instructions from time to time given by the Minister in writing relating to any of these matters. The Licensee shall comply with any instructions from time to time given by the Minister in writing for securing the health and safety of persons employed in or about the licensed area.

Protection of mines and coal seams.

Where any borehole drilled within the licensed area shall penetrate any mine or any workable seam of coal, the Licensee shall case such borehole in such manner as to prevent any water in the borehole from entering such mine or workable seam of coal.

Preservation of amenities.

The Licensee shall carry out all operations within the licensed area in such manner as not to interfere unnecessarily with the amenities of the locality in which the licensed area is situate.

Plans and records.

The Licensee shall furnish to the Minister such plans and information as to the progress of operations in the licensed area as the Minister may from time to time require. All logs, records, plans, maps, accounts and information which the Licensee is, or may be, from time to time required to furnish under the provisions of this Licence shall be supplied at the expense of the Licensee and shall (except with the consent in writing of the Licensee which shall not be unreasonably withheld) be treated by the Minister as confidential.

Notification of disputes.

The Licensee shall inform the Minister in writing forthwith of the commencement of any action, suit, proceeding or arbitration arising out of the exercise of the rights and privileges granted by this Licence, and shall furnish to the Minister such information as to any such action, suit, proceeding or arbitration as the Minister may from time to time require.

Local resident manager.

The Licensee shall, before commencing any operations in the licensed area, furnish to the Minister the name and address of the manager resident in the locality of the licensed area under whose supervision such operations are to be carried on. Any notice which the Minister, or any person authorised by him is, in accordance with the terms of this Licence, required or entitled to serve, upon the Licensee shall be sufficiently served if the same shall be delivered or sent by post to such Manager at such address.

Indemnity against third party claims.

The Licensee shall at all times keep the Minister effectually indemnified against all actions, proceedings, costs, charges, claims and demands whatsoever which may be made or brought against the Minister by any third party in respect of the land and minerals which are the subject of this licence or in any way arising out of the exercise by the Licensee of any of the rights conferred on him by the licence.

Security.

1. As security for the observance and performance by the Licensee of the terms and conditions hereof, and for the purposes hereinafter mentioned, the Licensee shall, on the execution of this Licence, either:—

(a) deposit with the Minister a sum calculated at the rate of £...s....d.... for each acre or part of an acre comprised in the licensed area, or

(b) furnish to the Minister a Banker's Guarantee for the like amount to the intent, nevertheless, that the sum thus deposited, or comprised in the said Banker's Guarantee, shall not be less than £......

2. If the Licensee shall, within twenty-eight days of the receipt from the Minister of an account of expenditure incurred in respect of any works executed by the Minister under the provisions of this Licence, fail to discharge any such account the Minister may recoup himself for such expenditure from and to the extent of the deposit or Banker's Guarantee aforesaid.

3. Subject to the provisions of sub-clause (2) hereof upon the determination of this Licence any such deposit shall be returned to the Licensee or any such Banker's Guarantee shall be released.

Assignment of licence.

The Licensee shall not assign, or attempt to assign, the rights granted by this Licence to any person without the prior consent, in writing, of the Minister, which shall not be unreasonably withheld. The Licensee shall not sublicence or subject as aforesaid part with the possession of any of the rights hereby granted.

Rights of access.

Any person or persons authorised by the Minister shall be entitled at all reasonable times to enter into and upon any land for the time being possessed or occupied by the Licensee of the licensed area for the purpose of verifying that the conditions of the Licence are being complied with.

Power of revocation.

If and whenever the minimum annual payments hereby reserved or any part thereof shall be in arrear for one month next after any of the days whereon the same ought to have been paid or if there shall be any breach or non-observance by the Licensee of any of the terms and conditions herein contained or if the Licensee shall become bankrupt or make or enter into any arrangement or composition with his creditors or, if, where the Licensee is a Company, a Receiver shall be appointed or the Company shall enter into liquidation whether compulsory or voluntary (except a voluntary liquidation of a solvent company for the purpose of reconstruction) or if the Licensee shall fail to perform the programme of prospecting set out in the schedule to this Licence, then and in any such case the Minister may revoke this Licence and thereupon the same and all the rights hereby granted shall cease and determine, but subject nevertheless and without prejudice to any obligation or liability imposed by or incurred under the terms and conditions hereof.