Income Tax Act, 1967.

Chapter II

Profits of Certain Mines


382.—(1) In this Chapter—

“mining operations” means mining operations (by underground or opencast excavation) within the State, whether before or after the passing of this Act, but only in so far as scheduled minerals have been or are obtained thereby;

“new mining operations” means mining operations which—

(a) at no time in the period of one year ending on the 5th day of April, 1956, have resulted in the production of scheduled minerals, and

(b) are, in the opinion of the Revenue Commissioners, having regard to all the circumstances (which may include the nature and magnitude of the operations and the place where they are carried on), substantially distinct and separate from, and not merely an extension of, any other mining operations;

“production” means production in reasonable commercial quantities with a view to the realisation of profits;

“qualifying mine” means a mine in so far only as new mining operations are carried on therein;

“scheduled minerals” means minerals specified in Schedule 13 occurring in non-bedded deposits of such minerals.

(2) As respects any opinion of the Revenue Commissioners under subsection (1), an appeal to the Special Commissioners shall lie in like manner as an appeal would lie against an assessment to income tax, and the provisions of this Act relating to appeals shall apply and have effect accordingly.

(3) The Minister for Finance may by order add minerals occurring in non-bedded deposits of such minerals to Schedule 13.

(4) Every order made under subsection (3) shall be laid before Dáil Éireann as soon as may be after it is made and if a resolution annulling the order is passed by Dáil Éireann within the next twenty-one days on which Dáil Éireann has sat after the order is laid before it, the order shall be annulled accordingly.