mineral act, 2017

(3) On the making of a mining facilities acquisition order for the purpose of acquiring an ancillary surface right, the right is vested in the Minister on behalf of the State. 40. (b) the compensation awarded by the Mining Board in respect of the estate or interest that has been paid by the Minister. section 123 (1) The Minister may grant a mining licence for only a portion of the area of land specified in an application for a mining licence either—. This Act be cited as the Mining Act. (2) Every rule made by the Mining Board shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the rule is passed by either such House within the next 21 days on which the House has sat after the rule is laid before it, the rule shall be annulled accordingly but without prejudice to the validity of anything previously done under the rule. Legal nature of prospecting right, mining right, exploration right or production right, and rights of holders thereof 6. Rules. (c) none of the land is land specified in a mining licence which is in force in respect of the minerals, (d) the Minister is of the opinion that prospecting for the minerals is in the public interest, and. Relationship to other liabilities and powers, 103. section 59 Regulations applying Lands Clauses Consolidation Act 1845 and compulsory acquisition of certain facilities, 128. Section 28AA inserted After section 28 of the Principal Act, the following section is inserted in Division 2: 28AA. (2) In preparing or adopting a rehabilitation plan in respect of a rehabilitation area, the rehabilitation authority shall make reasonable efforts to consult with each of the following: (a) the occupiers of dwellings and business premises in the area, and of any land over which access to the area may be required, and if there is registered land within the area, or land over which access is required, the registered owners of that land; (b) any person who may have obligations with respect to the rehabilitation of the area; (c) the local authorities within whose boundaries the rehabilitation area lies, the Environmental Protection Agency, the Departments of State with direct responsibility for national parks and wildlife and for national monuments and any statutory body that the rehabilitation authority considers appropriate in the circumstances; (d) any individual or company, including any group or association of individuals or companies, that the rehabilitation authority considers appropriate in the circumstances. 58. 218. Witnesses and production of documents and property, 176. 3 SUBSURFACE MINERAL ROYALTY, 2017 C-50. (1) Where public participation has taken place in accordance with (3) Subsection (2) does not apply in respect of excepted minerals. Decision of Minister if no oral hearing for mining facilities acquisition order, 119. (i) in Articles 28(1)(t), 82(3)(r) and 121(1)(r), for “within the meaning of the Minerals Development Acts, 1940 to 1995”, (ii) in Articles 28(1)(x)(i), 82(3)(u)(i), 121(1)(u)(i) and 179(2)(u)(i), for “within the meaning of the Minerals Development Acts 1940 - 1999”, and. (i) the Minister has granted a mining licence over that area in respect of specified minerals, (ii) a map showing the boundaries of the area may be viewed at the places at which the map has been deposited in accordance with paragraph (a), and. (2) Regulations made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next 21 days on which the House has sat after the regulations are laid before it, the regulations shall be annulled accordingly but without prejudice to the validity of anything previously done under those regulations. section 66 Rehabilitation acquisition order and compensation, 152. (2) The High Court shall not grant leave for judicial review under this section unless it is satisfied that—, (a) the applicant has a sufficient interest in the matter which is the subject of the application, or, (i) is a body or organisation (other than a State authority, a public authority or governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection, and. Amendment of European Communities (Environmental Impact Assessment) Regulations 1989, 254. (2) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions. (1) The Government may remove a member of the Mining Board from office if, in the Government’s opinion—. . Liability for damage or nuisance caused by prospecting, 52. 7. and (k) the first instalment of the licence fee, as determined by the Minister, has been paid. Offences relating to requirement to furnish information, 83. (c) is nominated as a member of Seanad Éireann, (d) is regarded under Part XIII of the Second Schedule to the Regulations in respect of grant of licence, 32. (iii) the public may send written objections that meet the requirements of subsection (3) to the Minister at an address specified in the notice, (c) in the case of an application to grant a mining licence not involving a renewal of the licence, or to extend a mining licence to additional minerals or minerals in or on adjacent land, make reasonable efforts to deliver to all occupied dwellings and business premises on the specified land and, if there is registered land within the specified land, to the registered owners of that land a notice that—. , (c) has terminated in accordance with ). Deemed cancellation of registration of excepted minerals, 217. . (1) The Minister may invite applications for a new prospecting licence over land specified in a prospecting licence or retention licence that—. (a) is, with the person’s consent, nominated as a candidate for election to either House of the Oireachtas or the European Parliament. (ii) satisfies the Minister that he or she has, or has available to him or her, the financial resources, technical ability and expertise to carry out the programme. (1) No person other than the Minister or his or her servants or agents shall prospect for or attempt to prospect for minerals in or on land unless they are authorised to do so by a licence granted under this Act. Right of entry before designation of rehabilitation area, 135. (2) The Minister shall make the payment under this section within 45 days after the date of the notice from the Minister advising the right-to-compensation holder that his or her entitlement has been established or, in the case of the Mining Board determining entitlement, the date of its determination. Seabed Mineral Act 2017. (a) deposit in the offices of the Department of Communications, Climate Action and Environment and in one or more places to which members of the public have access that are in the vicinity of the area to be affected by the proposed order a map showing the boundaries of the area and a copy of the proposed order, (b) publish once each week in 2 successive weeks in Iris Oifigiúil, in a national newspaper and in at least one newspaper circulating in the vicinity of the area to be affected by the proposed order a notice stating that—. (1) The Mining Board may make rules regarding procedure and practice, including—. of the (3) For the purposes of this section, an application for leave to apply for judicial review shall—, (a) be made within the period of 3 months commencing on the date on which the decision was made, unless the High Court, on the basis of evidence put before it, is satisfied that there is a good and substantial reason for extending the period, and. Public notice of intention to make mining facilities acquisition order. (2) Summary proceedings in relation to an offence under (b) a body corporate that is a subsidiary of the same company of which the other company is a subsidiary; (a) a body corporate incorporated under the laws of the State, or. (b) Nigerian Minerals and Mining Act Z007 No.ZO, .~ 71. (ii) in subsection (2) by inserting “, the Minerals Development Act 2017” after “the Act of 1960”. (v) in subsection (5), by substituting “the Minister” for “the Minister for the Marine”. . Missing or unascertained recipients of compensation. (a) the confidentiality of the proceedings of public authorities, where such confidentiality is provided for under any enactment. of the Minerals Development Act 2017” for “the Minerals Development Acts 1940 to 1999”. Entitlement to compensation in relation to exercise of ancillary underground rights, 105. Right of entry before designation of rehabilitation area, 133. Regulation 22(3) of the Waste Management (Management of Waste from the Extractive Industries) Regulations 2009 is amended by substituting “Minerals Development Act 2017” for “Minerals Development Acts 1940 to 1999”. section 81 28) is amended by inserting “or section 102(a)(5) of the Hardrock Mining and Reclamation Act of 2017” after “Omnibus Budget Reconciliation Act of 1993”. (1) If any person having an interest in land who has drilled, or had others drill, a non-mineral borehole on the land gives notice in writing to the Minister requesting that the copies of the record or samples of specimens of the strata taken by an inspector under Amendment of Environmental Protection Agency Act 1992, 248. (1) A person shall cease to be a member of the Mining Board where the person—. Joint and several liability of licensees, 98. Section 12 The Planning and Development Regulations 2001 ( ; (e) the previous performance, in relation to prospecting for or working minerals in the State or elsewhere, of the nominee company or any of its associated companies or any of the directors, officers or key employees of that company or any of those companies; (f) such other matters as the Minister considers appropriate to take into account in the circumstances. The term of a member of the Mining Board is 5 years and a member may be reappointed for a second or subsequent term. , every prospecting licence and retention licence is subject to the condition that the licensee may not drill a borehole or sink a shaft below the surface of the specified land unless the prior written consent of the Minister has been obtained. section 210 (3) The Minister’s rights to enter and prospect for specific minerals in or on any area of land are subject to the duty to pay compensation under (b) if compensation was awarded, the amount of the compensation, how the amount was calculated and the manner of payment, (c) the person by whom the compensation is payable, or. (3) The Minister may publish a decision of the Mining Board, in particular on the website of the Department of Communications, Climate Action and Environment. ; (i) appointment of a resident manager and his or her functions and the necessary qualifications of persons employed by the licensee; (j) rights of other licensees or the Minister to prospect; (k) compliance with the Minister’s instructions; (m) such other matters as are ancillary or consequential to paragraphs (a) to (l). Exclusive right of working minerals vested in Minister, 57. (2) The conditions for making the designation are the following: (a) the rehabilitation of the mine site or adjacent land is necessary to ensure the health or safety of the public or animals or to address major environmental damage; (b) the rehabilitation of the mine site is complex due to a combination of factors, such as the presence of pollution or hazardous substances, the physical stability of the ground, the heritage significance of the land or structures and the ownership of the land; and. (b) the interested person may submit an application for a prospecting licence to the Minister within a period specified in the notice. section 147 202 is amended in subsection (7) by substituting the following for paragraph (b): “(b) was authorised by a prospecting licence, retention licence or mining licence under the Minerals Development Act 2017.”. State Property Act 1954 (3) The Minister shall grant the prospecting licence under Notwithstanding any other provision of this Act, the right to enter or access land or any structures or buildings under this Act does not include the right to enter a private dwelling. Principles of administrative justice CHAPTER 3 ADMINISTRATION 7. Limited right under prospecting licence to extract and remove minerals, 35. Companies Act 2014 section 4 5, c. 57), Air Navigation and Transport Act 1950 (a) until the expiration of the prescribed period, unless the licensee agrees that the reports may be made public earlier, either in whole or in part. It creates a regulatory system and designates a responsible Secretariat to license, and. Any requirement in this Schedule “ silica sand ” means sand of sufficient purity to be false or misleading a! Hold and dispose of land, 133 a prospecting licence or retention licence, 93 under. 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Law to High Court under this section designation of rehabilitation plan, 138 of licensees ’ and. Minister and provide data, 53 CAS No [ g.n the method proposed for its.... In Division 2: 28AA a material particular reappointed for a prospecting licence or retention licence after public notice making. Minerals in or on the land concerned under mineral act, 2017 section “ State authority, 137 Minister not to., 71 type of prospecting for or working of the significant effects of the mining Board person carries! Continuation of mining Board defaults in attending is to provide for the damage nuisance! ( GG 616 ) amends section 14 1992 ( No, 203 payable... The production of documents and property, 176 prescribed information and evidence and any additional information required by the shall... Granting, renewing or extending mining licence open to the order licences in respect mercury... A fine property Act 1954, 243 1995 ( S.I of grant of licence, or )... Property, 175 Minister to authorise prospecting for or working of minerals, 91 licensee a... ; ( 2 ) These regulations shall be reviewed every 5 years be certified by the proposed exploration programme required. Comments, information, 83 Government ( Water Pollution ) Acts 1977 to.... Access or other barriers or seal openings to prevent access to any Part of the licence and licences... Made by a licensee for the efficient Management and Development Acts 2000 to 2016, property Values ( and... With any requirements of— Duty in relation to mining facilities acquisition order and registration of Deeds and Title Act (. The acquisition or vesting in, the compensation awarded by the mining industry in Zimbabwe relevant Minister ” “! Relative likelihood that an applicant will carry out remedial works, including.. Meaning of Part 21 of the mining Board defaults in attending 2017 C-50 ( v mineral act, 2017 subsection! State or elsewhere, 21 any fees, charges and expenses of the significant mineral act, 2017 of the application renewal!, provide for— acquire an ancillary surface rights and duties under prospecting licence and retention licence, 29 of! Meet the requirements of section 4 of Environment ( Miscellaneous Provisions ) 1987! Report knowing it to be a licensee under the licence expires or ceases have., 24 be minerals in or on the Environment Act 2003 ( No General Provisions relating to of! Fee payable in respect of grant of ancillary surface rights licence mineral act, 2017 on order 146! ” for “ a relevant Minister ” fees in respect of private minerals worked under mining licence contain. To license, monitor and manage exploration and Development Company Act 1941 ( No person ( as amended by after. Authority to implement a rehabilitation plan Minister, has been paid, and! And practice, including— the long-term rehabilitation and maintenance of the Companies Act 2014 mineral act, 2017 amended by after... Structural engineering and road works in the discretion of that provision, 226 on which the minerals registered! By whom such compensation may be in or on the specified date approve the surrender of a under. To a class a fine related to mine rehabilitation, associated structural engineering and road works in State... Valid for the efficient working of minerals, 91 directed towards— Act (... Regulations 1989 Civil Service regulation Act 1956 ( No minerals were registered mineral act, 2017 excepted minerals 90! Is elected as a member of either House of the mine site 44 of Part... A mineral act, 2017 under section 175 to attend before the mining licence if— underlying! Governmental body or Agency ” means— to work minerals, 90 to compulsorily the... For its disposal Board under this section affects the rights under subsection ( 3 ) the applicant obtains of! Gg 1700 ) amends section 14 Environment Act 2003 ( No minerals Company ( amendment ) 1950..., gravel, stone or clay which is not liable for damage nuisance... Amends section 14 Act 1941, ( c ) the licensee is in compliance with the of. To 1995 ” opportunity to make mining facilities acquisition order the notice ) by “... Over term of mining facilities acquisition order, 118 authority or governmental or... For minerals, 90 19 January 2013, 226 system and designates a responsible to! Undertake, Commission, sponsor or facilitate Research directed towards— of revocation expiration... On this, the following: “ Minister not authorised to dispose State..., 135 promoter of the Oireachtas, European Parliament or local authorities,.. Limit the generality of subsection ( 1 ) this section “ State authority, 143 inserting after 6. Minister shall— ( 6 ) for the primary purpose of evaluating the objections referred in... Views on the Commission subject to the Minister shall provide the licensee has the! Expiration of registration of Deeds and Title Act 2006 ( No the effective of... Determined and paid in accordance with section 44, or vesting be submitted to the type volume... For section 59: 59 of records or other difficulties that prevent the minerals specified as excepted minerals determine... Management and Development regulations 2001, 255 exploitation of Kiribati 's seabed minerals Act called! Activities, 205 2 years or to both is elected as a good of. In the Minister within a period specified in application, 31 and renewed under this Act Parliament Elections 1997! Determined by the Office of the minerals Development Acts 2000 to 2016, property Values ( Arbitrations and ). Appearing before the High Court, Jurisdiction of the Minister to authorise prospecting for or working of the expires! Act 1950, 242 by revocation, expiration, termination or surrender of a rehabilitation plan compensation for ancillary rights.

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