Minerals Development Act, 1940

PART III.

Compulsory Acquisition of Unworked Minerals and of Mining Facilities.

Minerals acquisition orders.

14.—(1) Whenever it appears to the Minister that there are minerals on or under any land and that such minerals are not being worked or are not being worked efficiently and the Minister is of opinion that it is desirable in the public interest, with a view to the exploitation of such minerals, that the working of such minerals should be controlled by the State, the Minister, with the consent of the Minister for Finance, may by order (in this Act referred to as a minerals acquisition order) either, as he shall, with the consent aforesaid, think proper, compulsorily acquire such minerals or compulsorily acquire an exclusive mining right in respect of such minerals.

(2) The following provisions shall apply and have effect in relation to every minerals acquisition order, that is to say:—

(a) such order shall specify the nature, situation, and extent of the minerals to which it relates;

(b) such order may be in respect of all the minerals on or under any particular land or in respect of any particular such mineral or any particular class of such minerals;

(c) if minerals are intended to be acquired by such order, such order shall be expressed and shall operate to vest such minerals in the Minister in fee simple;

(d) if an exclusive mining right only is intended to be acquired by such order, such order shall be expressed and shall operate to vest such exclusive mining right in the Minister for such term as shall be specified in that behalf in such order;

(e) such order shall not be expressed or operate to vest in the Minister the surface of any land or any ancillary rights, but, subject to that limitation, such order may contain all or any such supplemental or ancillary provisions as the Minister, with the consent of the Minister for Finance, shall think proper.

(3) All minerals acquired by a minerals acquisition order and every exclusive mining right similarly acquired shall for the purposes of this Act be deemed to be State acquired minerals, and the expression “State acquired minerals” shall, in this Act, be construed accordingly.