Minerals Development Act 2017

Fencing and other works to prevent accidents

100. (1) If a mine has been abandoned or its operations have permanently ceased, whether before or after this section comes into operation, the Minister may, through his or her officers or agents, to prevent accidents to people or animals at the mine—

(a) erect and maintain fencing or other barriers or seal openings to prevent access to any part of the mine,

(b) erect warning signs in the vicinity of the mine,

(c) if there is an immediate threat of accidents to people or animals occurring at any part of a mine site, carry out such other works at the mine as he or she considers necessary, and

(d) enter any land or abandoned structure or building for any of the purposes specified in paragraph (a), (b) or (c).

(2) No compensation is payable in respect of the exercise of the powers of the Minister under this section.

(3) Nothing in subsection (1) shall be construed as imposing any obligation on the Minister to take any measures under that subsection.

(4) A person who obstructs or interferes with an officer or agent of the Minister in the exercise of powers under this section or interferes with or damages any fence, barrier or sign erected, or any works carried out, under this section, commits an offence and is liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years, or to both.