S.I. No. 259/1996 - Minerals Development (Application Fees For Certain State Mining Facilities) Regulations, 1996


S.I. No. 259 of 1996.

MINERALS DEVELOPMENT (APPLICATION FEES FOR CERTAIN STATE MINING FACILITIES) REGULATIONS, 1996

I, Michael Lowry, Minister for Transport, Energy and Communications, in exercise of the powers conferred on me by section 5 (2) of the Minerals Development Act, 1995 (No. 15 of 1995), and with the consent of the Minister for Finance, hereby make the following Regulations:

1. These Regulations may be cited as the Minerals Development (Application fees for certain State mining facilities) Regulations, 1996.

2. These Regulations shall come into operation on the 1st day of September, 1996.

3. In these Regulations —

(a) "the Act of 1940" means the Minerals Development Act, 1940 (No. 31 of 1940);

"metalliferous minerals" includes any of the following substances specified in the Schedule to the Act of 1940:

Antimony, Ores of

Laterite

Radioactive Minerals

Bauxite

Lead, Ores of

Silver, Ores of

Bismuth, Ores of

Magnesium, Ores of

Strontium, Ores of

Chromite

Manganese, Ores of

Tin, Ores of

Cobalt, Ores of

Mercury, Ores of

Titanium, Ores of

Copper, Ores of

Molybdenite

Tungsten, Ores of

Gold, Ores of

Nickel, Ores of

Zinc, Ores of;

Iron, Ores of

Platinum, Ores of

(b) a reference to any enactment is a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.

4. The fee specified in column (2) of the Schedule to these Regulations in respect of the application specified in column (1) thereof shall be payable in the manner specified in column (3) of that Schedule.

5. The Minerals Development (Application fees for certain State mining facilities) Regulations, 1995 ( S.I. No. 214 of 1995 ), are hereby revoked.

SCHEDULE

Part I

Application for a State mining lease under section 26 of the Act of 1940, or for a licence under section 17 of the Minerals Development Act, 1979 (No. 12 of 1979).

1. Metalliferous Minerals

(1) Category of application

(2) Amount of fee £

(3) When fee is payable

(a) Application for a lease or licence for a mine development involving the construction of a new processing facility.

£15,000 plus £0.10 per tonne of the annual output of ore for the mine at full production, projected by the applicant.

The greater of £15,000 or 50% of the total fee on application; the balance within six months of application.

(b) Application for a lease or licence for a mine development not involving the construction of a new processing facility.

£25,000.

On application.

(c) Application for an extension to an existing lease or licence, to include an additional area or an additional category or additional categories of minerals, involving the construction of a new processing facility or an increase in the capacity of the processing facility for the existing lease or licence.

£15,000 plus £0.10 per tonne of the increment in the annual output of ore for the mine at full production, projected by the applicant, in respect of the mining of additional minerals to those covered by the existing lease or licence.

The greater of £15,000 or 50% of the total fee on application; the balance within six months of application.

(d) Application for an extension to an existing lease or licence to include an additional area or an additional category or additional categories of minerals, not involving the construction of a new processing facility or an increase in the capacity of the processing facility for the existing lease or licence.

£25,000.

On application.

2. Other Minerals

(1) Category of application

(2) Amount of fee £

(3) When fee is payable

(a) Application for a lease or licence for a mine development where the annual output of minerals for the mine at full production, projected by the applicant, is less than 100,000 tonnes per annum.

£5,000.

On application.

(b) Application for a lease or licence for a mine development where the annual output of minerals for the mine at full production, projected by the applicant, is 100,000 tonnes or more per annum.

£10,000.

On application.

(c) Application for a new lease or licence in respect of — (i) an area or a category or categories of minerals covered by an existing lease or licence, and (ii) an area or a category or categories of minerals not so covered, where the annual output of minerals for the mine at full production, projected by the applicant, is less than 100,000 tonnes per annum.

£5,000.

On application.

(d) Application for a new lease or licence in respect of — (i) an area or a category or categories of minerals covered by an existing lease or licence, and (ii) an area or a category or categories of minerals not so covered, where the annual output of minerals for the mine at full production, projected by the applicant, is 100,000 tonnes or more per annum.

£10,000.

On application.

Part II

Application for an undertaking to grant a State mining lease under section 13 of the Act of 1940.

(1) Category of application

(2) Amount of fee £

(3) When fee is payable

Application in respect of one more than one category of minerals.

£200.

On application.

GIVEN UNDER MY OFFICIAL SEAL, THIS 21st DAY OF AUGUST, 1996

MICHAEL LOWRY

MINISTER FOR TRANSPORT, ENERGY AND COMMUNICATIONS

The Minister for Finance hereby consents to the foregoing Regulations.

GIVEN UNDER THE OFFICIAL SEAL OF THE MINISTER

FOR FINANCE, THIS 23rd DAY OF AUGUST, 1996

RUAIR? QUINN

MINISTER FOR FINANCE

EXPLANATORY NOTE

These Regulations, which replace the Minerals Development (Application fees for certain State mining facilities) Regulations, 1995 ( S.I. No. 214 of 1995 ) with effect from 1 September, 1996, specify the application fees for State mining leases and licences and when those fees must be paid, both as regards new mine developments (as covered by the 1995 Regulations) and, additionally, as regards extensions to existing mines (not covered by the 1995 Regulations).