Minerals Development Act 2017

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Number 23 of 2017

MINERALS DEVELOPMENT ACT 2017

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, commencement and collective citation

2. Interpretation

3. Previous acquisition by, or vesting in, the State of minerals

4. State minerals vested in Minister

5. Working minerals

6. Application of Act

7. Existing development consents

PART 2

Prospecting

Chapter 1

Minister’s Rights and Duty in Relation to Prospecting

8. Minister’s rights and duty

9. Public notice

10. Limited right to extract and remove minerals for analysis, etc.

11. Compensation in respect of minerals sold under section 10

Chapter 2

Statements of Interest

12. Registration

13. Period for which statement of interest remains registered

14. Notification to interested party

15. Expiration of registration after notification

Chapter 3

Prospecting Licences and Retention Licences

16. Rights and duties under prospecting licence and retention licence

17. Granting prospecting licence

18. Notice to existing licensees under prospecting and retention licences

19. Competition for certain licences

20. Competing applications

21. Renewing prospecting licence

22. Retention licence

23. Renewing retention licence

24. Refusal to grant prospecting licence or retention licence before public notice

25. Public notice before granting or renewing prospecting licence or retention licence

26. Refusal to grant prospecting licence or retention licence after public notice

27. Fit and proper person

28. Licence fee for prospecting licence or retention licence

29. Reducing or adding to land specified in application

30. Term of licences

31. Regulations in respect of grant of licence

32. Regulations relating to conditions of prospecting licences and retention licences

33. Boreholes and shafts

34. Trenching, excavations and bulk sampling

35. Limited right under prospecting licence to extract and remove minerals

36. Compensation in respect of minerals worked under section 35

37. Reports by licensees

38. Confidentiality of reports

39. Indemnifying the Minister and State

40. Environmental practices

41. Assignment of licensees’ rights and duties under prospecting licence or retention licence

42. Joint ventures

43. Suspension and revocation of licences

44. Termination of licences

45. Surrender of licences

46. Effect of suspension

47. Effect of revocation, expiration, termination and surrender

Chapter 4

Public Interest and Prospecting for Minerals

48. Public interest and prospecting for minerals

Chapter 5

Liability

49. Joint and several liability

50. Damage caused by previous prospecting activities

51. Liability for damage or nuisance caused by prospecting

Chapter 6

Airborne Surveys

52. Duty to notify Minister and provide data

53. Confidentiality of airborne survey data

PART 3

Working Minerals

Chapter 1

Right to Work Private Minerals

54. Exclusive right of working minerals vested in Minister

Chapter 2

Mining Licences

55. Mining licence

56. Scope of mining licences

57. Rights and duties under mining licence

58. Process

59. Lodgement of application for mining licence

60. Lodgement of application in respect of additional minerals or adjacent land

61. Lodgement of application for renewal of mining licence

62. Validity of application

63. Notification of acceptance

64. Application fee for mining licence

65. Granting mining licence

66. Additional minerals or adjacent land and renewals

67. Consultation with other Ministers

68. Refusal to grant, renew or extend mining licence before public notice

69. Public notice before granting, renewing or extending mining licence

70. Oral hearing and mining licence

71. Decision of Minister if no oral hearing

72. Refusal to grant mining licence after public notice

73. Licence for portion of area of land

74. Fit and proper person

75. Requirements for companies

76. Mining licence fees

77. Royalties

78. Special payment arrangements for State minerals

79. Mining licences and regulations imposing conditions

80. Minister taking participating interest

81. Furnishing information

82. Offences relating to requirement to furnish information

83. Relinquishing of State’s exclusive right to work minerals

Chapter 3

Public Interest

84. Public Interest in respect of mining licence

Chapter 4

Compensation for Working Minerals

85. Definitions ‒ Chapter 4

86. Right to compensation

87. Vesting of right to compensation on transfer

88. Public notice of working minerals

89. Claim for compensation in respect of private minerals

90. Extinguishment of right to compensation in respect of private minerals

91. Determination of persons entitled to compensation in respect of private minerals

92. Initial compensation for private minerals worked under mining licence

93. Calculation of compensation for private minerals payable over term of mining licence

94. Referral of calculation of compensation to Mining Board

95. Timing of payment of compensation

96. Notice of renewals of mining licences

Chapter 5

Liability under mining licence

97. Joint and several liability of licensees

98. Liability for damage or nuisance under mining licence

Chapter 6

Safety at Closed and Abandoned Mines

99. Application of Chapter

100. Fencing and other works to prevent accidents

101. Relationship to other liabilities and powers

PART 4

Ancillary Rights

Chapter 1

Definitions

102. Ancillary rights

Chapter 2

Ancillary Underground Rights

103. Exercise of ancillary underground rights

104. Entitlement to compensation in relation to exercise of ancillary underground rights

105. Public notice of exercise of ancillary underground rights

106. Extinguishment of right to compensation for ancillary underground rights

107. Determination of compensation for exercise of ancillary underground rights

108. Payment of compensation for exercise of ancillary underground rights

109. Licensee liable to Minister for compensation

Chapter 3

Ancillary Surface Rights and Operational Purposes

110. Interpretation - Chapter 3

111. Licensee’s duty to negotiate

112. Mining facilities acquisition order

113. Granting ancillary surface rights licence based on order

114. Licensee liable to Minister for compensation payable for acquisition of estate or interest

115. Debt

116. Public notice of intention to make mining facilities acquisition order

117. Oral hearing in relation to grant of mining facilities acquisition order

118. Decision of Minister if no oral hearing for mining facilities acquisition order

119. Mining facilities acquisition order and registration of fee simple

120. Mining facilities acquisition order and ancillary surface rights

121. Mining facilities acquisition order and extinguishment of an ancillary surface right

122. Right to compensation in relation to mining facilities acquisition order

123. Public notice of making mining facilities acquisition order

124. Extinguishment of right to compensation under section 122

125. Determination of entitlement to and amount of compensation

126. Costs and compensation awarded under section 125

127. Regulations applying Lands Clauses Consolidation Act 1845 and compulsory acquisition of certain facilities

128. Requirements for grant of ancillary surface rights licence in respect of State land

129. Ancillary surface rights and conditions

130. Compensation upon grant of ancillary surface rights licence over State land

PART 5

Rehabilitation

131. Definitions (Part 5)

132. Designation of rehabilitation areas

133. Right of entry before designation of rehabilitation area

134. Rehabilitation authority

135. Authorisation of persons to exercise functions of rehabilitation authority

136. Rehabilitation plan

137. Public participation in preparation and revision of rehabilitation plan

138. Outcome of public participation on rehabilitation plan

139. Right of entry after designating area

140. Evidence of authority

141. Liability for damage or nuisance by rehabilitation authority

142. Funding of rehabilitation plan

143. Recovery of expenditures under this Part

144. Existing obligations not affected

145. Acquisition of lands by agreement or rehabilitation acquisition order

146. Public notice before making rehabilitation acquisition order

147. Oral hearing before making rehabilitation acquisition order

148. Decision of Minister if no oral hearing

149. Rehabilitation acquisition order

150. Registration of Minister as owner

151. Rehabilitation acquisition order and compensation

152. Regulations applying Lands Clauses Consolidation Act 1845 and compulsory acquisition under section 149

153. Powers of local authority not affected

PART 6

Mining Board

Chapter 1

Continuation of Mining Board and Administrative Matters

154. Continuation of Mining Board

155. Membership and qualifications

156. Disqualification

157. Exclusion resulting from membership of either House of the Oireachtas, European Parliament or local authorities

158. Term of members

159. Removing member

160. Resignation of membership

161. Membership on temporary basis

162. Appointment of secretary and other staff

163. Appointment of consultants and advisers

164. Payment of members, consultants and advisers

165. Indemnification

166. Seal

167. Payments to be deposited into Exchequer

168. Disclosure of confidential information

Chapter 2

General Provisions Relating to Mining Board Decisions

169. Quorum and decisions

170. Hearings open to public

171. Rules for procedure and practice

172. Infants and persons of unsound mind

173. Entering and conducting investigation on land

174. Injunction

175. Witnesses and production of documents and property

176. Offence relating to witnesses and production of documents and property

177. Referral of questions of law to High Court

178. Judicial review

179. Costs

180. Improperly influencing Mining Board

Chapter 3

Jurisdiction of the Mining Board under this Act

181. Application of Chapter 3

182. Applications

183. Application fees

184. Right of audience before Mining Board

185. Decisions of Mining Board

186. Enforcement of decision

187. Certificate

188. Missing or unascertained recipients of compensation

189. Deductions from compensation for debts

PART 7

Enforcement and Miscellaneous

Chapter 1

Enforcement

190. Unlawful prospecting for or working of minerals

191. Inspectors

192. Indemnification

193. Duty to assist inspectors

194. Access to land

195. Private dwellings

196. Obstruction of inspector

197. Injunctions

198. Power to grant injunction after conviction

199. Prosecution of offences brought by summary proceedings

200. Time limit for offences that may only be brought by summary proceedings

201. Offences by bodies corporate

Chapter 2

Public Participation and Access to Justice in Relation to Decisions on Specific Activities

202. Activities which may have significant effect on environment

203. Public participation in decisions authorising certain activities

204. Outcome of public participation

205. Judicial review of certain decisions

Chapter 3

General Provisions Relating to Liability for Damage or Nuisance

206. Application of Chapter

207. Determining compensation

208. Other actions precluded

209. Court awards and settlements

Chapter 4

Non-mineral Boreholes

210. Drilling non-mineral boreholes

211. Confidentiality of record and samples

Chapter 5

Excepted Minerals

212. Deemed cancellation of registration of excepted minerals

213. Records of excepted minerals

Chapter 6

Miscellaneous

214. Research and Revitalisation

215. Processing of mineral data

216. Regulations generally

217. Regulations to deal with methods of giving notice

218. Application fees

219. Payments to be deposited into Exchequer

220. Land subject to a purchase annuity

221. Combining public notices

222. Expenses in administering Act

223. Annual report to Oireachtas

PART 8

Article 3.3 of the Minamata Convention on Mercury done at Geneva on 19 January 2013

224. Definitions — Part 8

225. Scope of Part 8

226. Restriction on Minister’s power to grant licences in respect of mercury

227. Prohibition on prospecting for mercury

228. Prohibition on primary mercury mining

PART 9

Transitional Provisions, Repeals and Consequential Amendments

Chapter 1

Transitional Provisions

229. Definition

230. Applications for prospecting licences under Minerals Development Acts 1940 to 1999

231. Applications for mining leases and licences under Minerals Development Acts 1940 to 1999

232. Continuation of former instruments

233. Compensation for working private minerals

234. Compensation relating to the exercise of ancillary underground rights

235. Liability for damage and nuisance under former Acts

236. Rehabilitation of mines

237. Validity of certain instruments

Chapter 2

Repeals

238. Repeals

Chapter 3

Consequential Amendments

239. Amendment of Foreshore Act 1933

240. Amendment of Forestry Act 1946

241. Amendment of section 12 of Air Navigation and Transport Act 1950

242. Amendment of First Schedule to State Property Act 1954

243. Amendment of Petroleum and Other Minerals Development Act 1960

244. Amendment of Continental Shelf Act 1968

245. Amendment of Gas Act 1976

246. Amendment of section 2 of National Monuments (Amendment) Act 1987

247. Amendment of Environmental Protection Agency Act 1992

248. Amendment of Taxes Consolidation Act 1997

249. Amendment of section 46 of Merchant Shipping (Investigation of Marine Casualties) Act 2000

250. Amendment of section 4 of Environment (Miscellaneous Provisions) Act 2011

251. Amendment of Third Schedule to Freedom of Information Act 2014

252. Amendment of Forestry Act 2014

253. Amendment of European Communities (Environmental Impact Assessment) Regulations 1989

254. Amendment of Planning and Development Regulations 2001

255. Amendment of Waste Management (Management of Waste from the Extractive Industries) Regulations 2009

256. Amendment of Second Schedule to European Communities (Birds and Natural Habitats) Regulations 2011

SCHEDULE

List of Minerals

Acts Referred to

Acquisition of Land (Assessment of Compensation) Act 1919 (9 & 10 Geo. 5, c. 57)

Air Navigation and Transport Act 1950 (No. 4)

Air Pollution Act 1987 (No. 6)

Civil Service Regulation Act 1956 (No. 46)

Companies Act 1963 (No. 33)

Companies Act 2014 (No. 38)

Continental Shelf Act 1968 (No. 14)

Derelict Sites Act 1990 (No. 14)

Energy (Miscellaneous Provisions) Act 1995 (No. 35)

Energy (Miscellaneous Provisions) Act 2006 (No. 40)

Environment (Miscellaneous Provisions) Act 2011 (No. 20)

Environmental Protection Agency Act 1992 (No. 7)

Environmental Protection Agency Acts 1992 to 2011

European Parliament Elections Act 1997 (No. 2)

Foreshore Act 1933 (No. 12)

Forestry Act 1946 (No. 13)

Forestry Act 2014 (No. 31)

Freedom of Information Act 2014 (No. 30)

Gas Act 1976 (No. 30)

Harbours Act 1946 (No. 9)

Harbours Act 1996 (No. 11)

Harbours Act 2015 (No. 61)

Land Act 1984 (No. 24)

Land Law (Commission) Act 1923 (No. 27)

Lands Clauses Consolidation Act 1845 (8 & 9 Vict., c. 18)

Local Government (Water Pollution) Acts 1977 to 2007

Local Government Act 2001 (No. 37)

Merchant Shipping (Investigation of Marine Casualties) Act 2000 (No. 14)

Minerals Company (Amendment) Act 1950 (No. 5)

Minerals Company Act 1945 (No. 7)

Minerals Company Act 1947 (No. 35)

Minerals Company Acts 1941 to 1950

Minerals Development Act 1940 (No. 31)

Minerals Development Act 1979 (No. 12)

Minerals Development Act 1995 (No. 15)

Minerals Development Act 1999 (No. 21)

Minerals Development Acts 1940 to 1979

Minerals Development Acts 1940 to 1995

Minerals Development Acts 1940 to 1999

Minerals Exploration and Development Company Act 1941 (No. 13)

Mines and Minerals Act 1931 (No. 54)

National Monuments (Amendment) Act 1987 (No. 17)

National Monuments Act 1930 (No. 2)

Petroleum and Other Minerals Development Act 1960 (No. 7)

Petroleum and Other Minerals Development Acts 1960 and 1995

Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c. 93)

Planning and Development (Amendment) Act 2010 (No. 30)

Planning and Development Acts 2000 to 2016

Property Values (Arbitrations and Appeals) Act 1960 (No. 45)

Protection of the Environment Act 2003 (No. 27)

Registration of Deeds and Title Act 2006 (No. 12)

Registration of Deeds and Title Acts 1964 and 2006

Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8)

State Property Act 1954 (No. 25)

Statutory Instruments Acts 1947 and 1955

Taxes Consolidation Act 1997 (No. 39)

Waste Management Acts 1996 to 2011

Wildlife (Amendment) Act 2000 (No. 38)

Wildlife Act 1976 (No. 39)

Number 23 of 2017

MINERALS DEVELOPMENT ACT 2017

An Act to make further and better provision for the development of minerals in the State and for that purpose to repeal the Minerals Company Acts 1941 to 1950 and certain provisions of the Minerals Development Acts 1940 to 1999, to make consequential amendments to other Acts, to give effect to Article 3.3 of the Minamata Convention on Mercury done at Geneva on 19 January 2013, to amend the Continental Shelf Act 1968 , and to provide for related matters.

[26th July, 2017]

Be it enacted by the Oireachtas as follows: