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54 1931

MINES AND MINERALS ACT, 1931

PART I.

Preliminary.

Definitions.

1. —(1) In this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “exclusive mining right” means the exclusive right of mining and taking minerals and digging and searching for minerals;

the word “rent” includes any periodical payment in the nature of rent;

the expression “land purchase annuity” means a land purchase annuity payable under the Land Purchase Acts to the Irish Land Commission;

the word “inspector” includes any person authorised in writing (either generally or for a special purpose) by the Minister to exercise all or any of the powers or perform all or any of the duties conferred or imposed on an inspector by this Act;

the expression “prescribed” means prescribed by the Minister by regulations made under this Act.

(2) In Parts IV ., V . and VIII . of this Act—

the expression “minerals” includes all minerals and substances in or under land obtainable by underground or surface working.

(3) In Parts IV . and V . of this Act—

references to working minerals shall include references to working, carrying away, treating, and converting minerals;

the word “surface” when used in relation to land includes any buildings, works, or things erected, constructed or growing on such land.

(4) In Part IV . of this Act—

the expression “right to let down the surface” includes a right to let down superincumbent or adjacent strata up to and including the surface;

the word “lease” includes any contract of tenancy and also includes a licence, and the word “lessor” and “lessee” shall have corresponding meanings.

Amendment of section 13 of the Irish Land Act, 1903, and consequential repeals.

2. —(1) Sub-section (3) of section 13 of the Irish Land Act, 1903 shall be construed and have effect—

(a) as if in lieu of enacting that on the sale under the Land Purchase Acts of any land by the Irish Land Commission or of any land comprised in an estate by the owner of the estate, there shall be reserved in the prescribed manner to the Irish Land Commission the exclusive right of mining and taking minerals and digging and searching for minerals, on or under that land, it enacted that on any such sale there shall be vested in Saorstát Eireann such exclusive right, and

(b) as if the words “and the said right shall be disposed of by the Commission in manner hereafter to be provided by Parliament” now contained therein were deleted therefrom.

(2) The following enactments that is to say:—

(a) the second proviso to sub-section (3) of section 13 of the Irish Land Act, 1903;

(b) sub-section (4) of the said section 13 (so far only as relates to the exclusive right of mining and taking minerals);

(c) section 1 of the Irish Land Act, 1907; and

(d) section 37 of the Irish Land Act, 1909;

shall cease to have effect, but shall continue to apply to any letting, lease, sale, or demise of any such exclusive right of mining and taking minerals made by the Irish Land Commission before the passing of this Act under the said section 1 of the Irish Land Act, 1907 as amended by the said section 37 of the Irish Land Act, 1909.

Amendment of section 45 of the Land Act, 1923 .

3. —The second proviso to sub-section (5) of section 45 of the Land Act, 1923 (No. 42 of 1923), is hereby repealed.

Determination of questions in relation to exclusive mining rights.

4. —(1) If for the purposes of this Act any question arises—

(a) as to whether an exclusive mining right has before the passing of this Act been reserved to the Irish Land Commission under section 13 of the Irish Land Act, 1903, and if so reserved, as to whether such right has been purchased or disposed of by the Irish Land Commission in accordance with law, and, if so disposed of, the nature and extent of such disposition, or

(b) as to whether an exclusive mining right has on or after the passing of this Act been vested in Saorstát Eireann under section 13 of the Irish Land Act, 1903 as amended by this Act, or

(c) as to whether an exclusive mining right has been vested in Saorstát Eireann under section 45 of the Land Act, 1923 (No. 42 of 1923), or

(d) as to whether any particular substance can be mined and taken under any particular such mining right as is mentioned in any of the foregoing paragraphs of this sub-section,

the Minister may refer such question to the Irish Land Commission exclusive of the Judicial Commissioner for their determination.

(2) An appeal shall lie to the Judicial Commissioner from any decision of the Irish Land Commission under this section.

(3) An appeal shall lie to the Supreme Court in accordance with rules of court from any decision of the Judicial Commissioner under this section.

(4) The Irish Land Commission may make rules regulating proceedings before the Irish Land Commission and appeals to the Judicial Commissioner under this section.

State mines and minerals and exclusive state mining rights.

5. —(1) In this Act the expression “State mines and minerals” means—

(a) in relation to any mines and minerals which at the date of the passing of this Act belong, by virtue of Article 11 of the Constitution or otherwise, to Saorstát Eireann, such mines and minerals;

(b) in relation to any mines and minerals which on or after the passing of this Act become, by any means, vested in Saorstát Eireann, such mines and minerals as on and from the date of such vesting.

(2) In this Act the expression “exclusive State mining right” means—

(a) in relation to any exclusive mining right which immediately before the passing of this Act belongs to or is vested in Saorstát Eireann, or is reserved to the Irish Land Commission, such exclusive mining right;

(b) in relation to any exclusive mining right which on or after the passing of this Act becomes by any means vested in Saorstát Eireann, such exclusive mining right as from the date of such vesting.

(3) In sub-section (1) of this section the word “minerals” includes all minerals and substances in or under land obtainable by underground or surface working.