Minerals Development Act, 1940

Applications for preservation of support orders.

42.—(1) Any person having an interest in land who, for the purpose of securing sufficient support for a building erected or intended to be erected on such land, desires to obtain under this Act an order (in this Act referred to as a preservation of support order) imposing restrictions on mining under such land or land adjacent thereto may apply in writing to the Minister for a preservation of support order in relation to such land and land adjacent thereto.

(2) Every application under this section for a preservation of support order shall be made in the prescribed form and manner and shall be verified in the prescribed manner and shall contain the particulars required by the said prescribed form, including a statement of the facts relied on by the applicant in support of his application.

(3) Within the prescribed time after making an application under this section, the applicant shall serve a copy of the said application on every of the prescribed persons.

(4) Any person on whom a copy of an application under this section is served in pursuance of the next preceding sub-section of this section may, if he so thinks fit, make to the Minister at any time within such period not being less than three weeks after the service of such copy on him, as may be prescribed, representations in respect of the said application.

(5) In this Part of this Act the word “building” includes every kind of artificial erection, construction, or work on land whether wholly above the surface or partly above and partly below the surface or wholly below the surface and also includes any natural object which is a national monument within the meaning of the National Monuments Act, 1930 (No. 2 of 1930).

(6) In the case of a building which is a national monument within the meaning of the National Monuments Act, 1930 , and is, by virtue of that Act, under the guardianship of the Commissioners of Public Works in Ireland or of a local authority within the meaning aforesaid, the said Commissioners or such local authority, as the case may be, shall for the purposes of this section be deemed to be a person having an interest in the land on or in which such building is.