Mines and Minerals Act, 1931

Determination of questions in relation to exclusive mining rights.

4.—(1) If for the purposes of this Act any question arises—

(a) as to whether an exclusive mining right has before the passing of this Act been reserved to the Irish Land Commission under section 13 of the Irish Land Act, 1903 , and if so reserved, as to whether such right has been purchased or disposed of by the Irish Land Commission in accordance with law, and, if so disposed of, the nature and extent of such disposition, or

(b) as to whether an exclusive mining right has on or after the passing of this Act been vested in Saorstát Eireann under section 13 of the Irish Land Act, 1903 as amended by this Act, or

(c) as to whether an exclusive mining right has been vested in Saorstát Eireann under section 45 of the Land Act, 1923 (No. 42 of 1923), or

(d) as to whether any particular substance can be mined and taken under any particular such mining right as is mentioned in any of the foregoing paragraphs of this sub-section,

the Minister may refer such question to the Irish Land Commission exclusive of the Judicial Commissioner for their determination.

(2) An appeal shall lie to the Judicial Commissioner from any decision of the Irish Land Commission under this section.

(3) An appeal shall lie to the Supreme Court in accordance with rules of court from any decision of the Judicial Commissioner under this section.

(4) The Irish Land Commission may make rules regulating proceedings before the Irish Land Commission and appeals to the Judicial Commissioner under this section.