Minerals Development Act, 1995

Amendment of section 8 of Principal Act.

2.—Section 8 of the Principal Act is hereby amended by the insertion after subsection (5) of the following subsection:

“(6) (a) Every prospecting licence granted by the Minister under this section before the passing of the Minerals Development Act, 1995, which does not contain a clause providing for the renewal or successive renewals thereof and which the Minister has, prior to such passing, purported to renew, shall be deemed to contain and always to have contained such a clause, subject to such terms (including duration) and conditions, if any, as were specified by the Minister at the time of such purported renewal.

(b) The Minister may, into any prospecting licence granted by the Minister under this section before the passing of the Minerals Development Act, 1995, which does not contain a clause providing for the renewal or successive renewals thereof and which the Minister has not, prior to such passing, purported to renew (other than a licence which was revoked or terminated under section 12 of this Act, prior to such passing) insert such a clause subject to such terms (including duration) and conditions, if any, as the Minister thinks proper.

(c) Any prospecting licence granted by the Minister under this section after the passing of the Minerals Development Act, 1995, may contain a clause providing for the renewal or successive renewals thereof, either unconditionally or subject to such terms (including duration) and conditions as shall be stated in such licence.

(d) The Minister shall not, after the passing of the Minerals Development Act, 1995, renew a prospecting licence in which a clause providing for the renewal or successive renewals thereof is, pursuant to paragraph (a) of this subsection, deemed to be contained, in which such a clause has, pursuant to paragraph (b) of this subsection, been inserted or in which such a clause is, in accordance with paragraph (c) of this subsection, contained unless, at least 21 days before renewing the licence, the Minister has—

(i) published, in one or more newspapers circulating in the locality, notice of his intention to do so, and

(ii) deposited in the office of the Geological Survey, Dublin and in one or more places in the locality, a map showing the boundaries of the land to which the licence relates.

(e) On the renewal of a prospecting licence the licensee shall pay to the Minister such consideration therefor as the Minister, with the concurrence of the Minister for Finance, may determine.”.