Minerals Development Act 2017
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Mining facilities acquisition order and extinguishment of an ancillary surface right | ||
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121. (1) The Minister may, with the prior consent of the Minister for Public Expenditure and Reform, by order extinguish an ancillary surface right acquired by operation of a mining facilities acquisition order if— | ||
(a) the mining operations in respect of which the right was acquired have ceased, and | ||
(b) the Minister is satisfied that the right is no longer required. | ||
(2) The Property Registration Authority shall, on production of an order under the official seal of the Minister that extinguishes an ancillary surface right over registered land, cancel the entry of the right as a burden affecting the land described in the order if that right had been previously registered. | ||
(3) The Property Registration Authority shall, on production of an order under the official seal of the Minister that extinguishes an ancillary surface right over land that is not registered, register the order as though it were a deed under Part 3 of the Registration of Deeds and Title Act 2006 . | ||
(4) The Statutory Instruments Acts 1947 and 1955 do not primarily apply (within the meaning of those Acts) to an order made under subsection (1). |