Minerals Development Act 2017
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Public notice of exercise of ancillary underground rights | ||
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105. The Minister shall, as soon as practicable after granting a mining licence over private land— | ||
(a) deposit in the offices of the Department of Communications, Climate Action and Environment and in one or more places to which members of the public have access that are in the vicinity of the specified land a map showing the boundaries of the land, | ||
(b) publish once each week in 2 successive weeks in Iris Oifigiúil, in a national newspaper and in at least one newspaper circulating in the vicinity of the specified land a notice stating that— | ||
(i) the Minister has granted a mining licence in respect of specified minerals in or on the specified land, | ||
(ii) a map showing the boundaries of the specified land may be viewed at the places at which the map has been deposited in accordance with paragraph (a), | ||
(iii) the owner of an estate or interest in the subsurface of the specified land is entitled to compensation if an ancillary underground right is exercised that affects the land to which the estate or interest relates and that lies 10 metres or more below the surface, in an amount equal to the value (if any) of the subsurface, | ||
(iv) the value of any subsurface lying 10 metres or more below the surface of that land is nil, unless it is shown to be of a greater value by the owner of the estate or interest in the land, and | ||
(v) any owner of an estate or interest in any portion of the subsurface of the area concerned wishing to claim that the value of that subsurface is greater than nil shall submit his or her claim to the Mining Board at an address specified in the notice within the time limit provided under section 106 , | ||
and | ||
(c) make reasonable efforts to deliver to all occupied dwellings and business premises within the specified land and, if there is registered land within the specified land, to the registered owners of that land a notice that— | ||
(i) contains the information set out in subparagraphs (i) and (iii) of paragraph (b), and | ||
(ii) includes a map showing the boundaries of the specified land. |