Mines and Quarries Act, 1965

Prosecution of offences.

143.—(1) The District Court shall, in any proceedings for an offence under this Act, if required by either party, cause a note of the evidence to be taken and preserved.

(2) Where, in consequence of an accident or other occurrence at a mine or quarry, a special report is made in pursuance of this Act by an inspector, a report is made by a person appointed under this Act to hold a public inquiry or a coroner's inquest is held, and it appears from the report or from the proceedings at the inquest that, at or before the time of the accident or other occurrence, there was a contravention, in relation to the mine or quarry, of

(a) a provision of this Act, of an order made thereunder or of regulations, or

(b) a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by an inspector, or

(c) a condition attached to an exemption, consent, approval or authority granted under or by virtue of this Act by the Minister or an inspector,

summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months after the making of the report or the conclusion of the inquest.

(3) Summary proceedings against any person liable to be proceeded against in respect of a contravention of section 21 may be commenced at any time within three months from the date on which evidence sufficient in the opinion of the Minister to justify a prosecution for the contravention comes to the knowledge of the Minister.

For the purposes of this subsection, a certificate of the Minister as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.

(4) Subsections (2) and (3) shall have effect notwithstanding paragraph 4 of section 10 of the Petty Sessions (Ireland) Act, 1851 , which prescribes time limits in cases of summary jurisdiction.

(5) Where an offence is committed under this Act by reason of a failure to give notice, enter a report or do any other thing at or within a time specified by this Act, an order made thereunder, regulations or a notice served under or by virtue of this Act by an inspector, the offence shall be deemed to continue until the notice is given, the report entered or the other thing done, as the case may be.