Mines and Minerals Act, 1931


Restrictions on Working of Minerals Required for Support.

Application for restrictions on working minerals required for support.

28.—(1) If any person having an interest in any land alleges—

(a) that he is not entitled to support or sufficient support, whether vertical or lateral, for any building or works erected or constructed, or intended to be erected or constructed, whether on or below the surface of such land, and

(b) that is not reasonably practicable to obtain a right to such support by private arrangement for any of the following reasons, namely—

(i) that the persons with power to grant the right are numerous or have conflicting interests,

(ii) that the persons with power to grant the right or any of them cannot be ascertained or cannot be found,

(iii) that the persons from whom the right must be obtained have not the necessary powers of disposition, whether by reason of defect of title, legal disability or otherwise,

(iv) that the persons or any of the persons with power to grant the right unreasonably refuse or refuses to grant such right or demand or demands terms which, having regard to the circumstances, are unreasonable,

such person may send to the Minister an application praying that such restrictions may be imposed on the working of the minerals under such land and the land adjacent thereto as he may consider necessary to secure sufficient support to such buildings or works.

(2) Every application under this section shall set forth the allegations upon which by virtue of the foregoing sub-section the right to make such application is based and shall be in the prescribed form and in addition to such allegations shall contain such other particulars as may be prescribed and shall be verified in the prescribed manner.

(3) Whenever an application is sent to the Minister under this section the applicant shall within the prescribed time serve in the prescribed manner on such persons as may be prescribed copies of such application.

(4) Any person upon whom an application has been served in pursuance of the foregoing sub-section may make representations to the Minister on the subject of such application.

(5) Where any building or work is a national monument within the meaning of the National Monuments Act, 1930 (No. 2 of 1930), and is by virtue of that Act under the guardianship of the Commissioners for Public Works in Ireland or of a local authority, within the meaning of the said Act, the said Commissioners or such local authority, as the case may be, shall for the purposes of this section be deemed to be persons having an interest in the land on which such building or work is erected.