Minerals Development Act, 1940


Right of Entering and Prospecting Unworked Minerals and Grant of Prospecting Licences.

Entering and prospecting for minerals.

7.—(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, the Minister may, subject to giving the notice required by this section, do, at his discretion, either of the following things, that is to say:—

(a) enter upon such land and there do all such things as are in his opinion necessary or desirable for the purpose of ascertaining the character, extent, or value of such minerals and, in particular make borings, sink pits, remove water from old workings, and take and remove reasonable quantities of such minerals for analysis, test, trial, or experiment;

(b) grant to any person, in accordance with this Part of this Act, such licence (in this Act referred to as a prospecting licence) in respect of such minerals as is authorised by this Part of this Act.

(2) The Minister shall not exercise, in respect of any land, either the right conferred on him by paragraph (a) of the foregoing sub-section of this section or the power conferred on him by paragraph (b) of that sub-section before the expiration of one month after he has served on the occupier of such land notice of his intention to exercise such right or such power, as the case may be.

(3) The notice mentioned in the next preceding sub-section of this section may be served by registered post and, when so served, may be addressed to the occupier by name at either his last-known place of abode or at the land to which the notice relates.

(4) The Minister shall not enter on any land under paragraph (a) of the first sub-section of this section, or do on such land any of the things authorised by that paragraph without the consent of the Minister for Finance.

(5) The right conferred on the Minister by paragraph (a) of the first sub-section of this section is in this Act referred to as the right of entering and prospecting.