PART II

Exercise of Mining Rights

12. —The exclusive right of working minerals is hereby vested in the Minister, except as provided in this Part.

13. —Without prejudice to the provisions of Part II of the Act of 1940 (which relates to prospecting for unworked minerals), section 12 shall not operate to prevent the owner of an estate or interest in minerals in any land from prospecting for such minerals, that is to say, carrying out any activities for the purpose of ascertaining the character, extent or value of such minerals and taking and removing reasonable quantities of such minerals for analysis, test, trial or experiment where such prospecting is conducted otherwise than as part of the operation of working those minerals if, apart from that section, he would be entitled to conduct such prospecting but such right of prospecting shall not apply in relation to minerals which are being worked by the Minister or are the subject of a State mining lease or a licence under section 17 (1) or be so exercised as to interfere with such working or with the lawful operations of the lessee or licensee.

14. —(1) Subject to section 15 (5), section 12 shall not apply to minerals of any description in any land if, at the 15th day of December, 1978, a person was lawfully working or developing a mine of such minerals.

(2) For the purpose of subsection (1) a person shall be deemed to be developing a mine if, on an application under section 15, he proves that before the date mentioned in that subsection he had decided to do so in accordance with plans based upon a comprehensive study indicating a reasonable prospect of commercial development and that his decision stood at the passing of this Act.

15. —(1) A person entitled to a right of working minerals which, by virtue of section 14, are excepted from the application of section 12 may apply to the Mining Board in such manner and within such time as may be prescribed for the registration of such minerals as excepted minerals.

(2) Notice of the application shall be served by the Mining Board on the Minister and on such persons as may appear to the Board to have an interest in the proceedings.

(3) Where, on an application under this section, the Mining Board finds that minerals of any description in any land are excepted from the application of section 12 the Board shall register such minerals as excepted minerals.

(4) A person whose application is rejected by the Mining Board shall have the right to apply to the High Court for an order directing the Board to register the minerals as excepted minerals and if the Court is satisfied that, by virtue of section 14, the minerals are excepted from the application of section 12 the Court may direct the Board to register them accordingly.

(5) Where an application under this section in respect of any minerals is rejected or is withdrawn or in default of application to the Board within the prescribed time or to the Court within such time as may be provided in accordance with rules of court section 12 shall be deemed to have had effect in respect of such minerals as if section 14 had not been enacted.

16. —(1) Where, at any time after the registration of minerals as excepted minerals, the Mining Board is satisfied, on the application of the Minister, that the minerals are not being worked or are not being worked efficiently the Board shall cancel the registration.

(2) Notice of the application shall be served by the Mining Board on such persons as may appear to the Board to have an interest in the proceedings.

(3) If any person is aggrieved by the cancellation of the registration he shall have the right to apply to the High Court to have the cancellation annulled and the Court, if it so thinks proper, may order accordingly.

(4) If, on an application under this section, the registration of minerals as excepted minerals is cancelled section 12 shall thereupon have effect as if section 14 did not apply to such minerals.

17. —(1) Subject to section 18 the Minister may grant to any person a licence to work any State minerals, without prejudice to his power to grant a lease in respect of such minerals under Part IV of the Act of 1940.

(2) The references in Part IV of the Act of 1940 to a demise of minerals shall be construed as including the grant of a right to work minerals.

(3) The following provisions of the Act of 1940 shall apply to a licence under subsection (1)—

(a) the provisions of Part III relating to a State acquired minerals licence;

(b) section 26 (which refers to the grant of a State mining lease).

(4) A reference in section 13 of the Act of 1940 (which empowers the Minister to enter into an undertaking to grant a State mining lease) to a State mining lease shall be construed as including reference to a licence under subsection (1).

(5) The conditions attaching to a lease or licence may, with the concurrence of the Minister for Finance, include a condition giving the Minister the right to take a participating interest in the working of the minerals.

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.

19. —Where the Minister commences to work, or grants a lease of or a licence to work any minerals which are State minerals by virtue of section 12 he shall, as soon as may be, publish in two successive weeks in Iris Oifigiúil and in at least one national daily newspaper notice thereof indicating the right of any person entitled to any estate or interest in the minerals to claim compensation and he shall also, so far as practicable, give like notice to every person who has claimed to be entitled to any estate or interest in the minerals under section 18 (1).