Minerals Development Act, 1979

Notice of proposal to exercise powers.

18.—(1) Where the Minister proposes—

(a) to work any minerals which are State minerals by virtue of section 12, or

(b) to give an undertaking under section 13 of the Act of 1940 to grant a lease or licence to work any such minerals, or

(c) to grant any such lease or licence, otherwise than in pursuance of such an undertaking,

he shall publish in two successive weeks, in Iris Oifigiúil and in at least one national daily newspaper, and shall also, so far as practicable, give to every person who may appear to him to have an estate or interest in the minerals notice of his proposal and shall give to any such person a reasonable opportunity of making representations to the Minister concerning such proposal.

(2) A notice under subsection (1) may be given by registered post or in such other manner as the Minister thinks fit.

(3) The Minister may refer any representations to the Mining Board and shall do so if any person making representations so requires by application to the Minister in the prescribed time and manner and the Board shall consider the representations so referred to it and shall for that purpose hold an inquiry at which the following persons shall be entitled to be heard, either in person or by solicitor or counsel, and to adduce evidence—

(a) persons who duly made representations;

(b) the Minister;

(c) any person claiming to have an estate or interest in any minerals which are the subject of the Minister's proposal;

(d) any other person in respect of whom it appears to the Board that he would be substantially affected by the carrying out of the Minister's proposal,

(4) The Board shall furnish its report on the inquiry to the Minister and a copy to every person who made representations and who so requests.