PART VIII.

Miscellaneous and General.

74. —(1) Every person who, without lawful authority, works or attempts to work, or does anything for the purpose of working any minerals shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds together with, in the case of a continuing offence, a further fine not exceeding one hundred pounds for every day on which the offence is continued, or in the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(2) In a prosecution for an offence under this section—

(a) the District Court shall have jurisdiction to try such offence notwithstanding that a question of title is raised, and

(b) the onus of proving that he had lawful authority shall rest on the defendant.

75. —(1) Where a person proposes to sink a shaft or borehole intended to reach a depth of more than twenty feet below the surface, he shall, before commencing such sinking, give to the Minister two weeks' notice in writing of his intention so to do.

(2) Every person who sinks a shaft or borehole intended to reach a depth of more than twenty feet below the surface shall keep a journal thereof and shall retain for a period of not less than two months or such longer period as the Minister may direct such specimens of the strata passed through as may have been obtained in the course of the sinking thereof, either as cores or fragments.

(3) An inspector shall be entitled at all reasonable times to do all or any of the following things, that is to say:—

(a) have free access to any such shaft, borehole or core;

(b) to inspect and take copies of journals of such shafts or boreholes;

(c) to inspect all specimens so obtained and kept;

(d) to take representative samples of any such specimens or cores.

(4) If any person sinking any such shaft or borehole as aforesaid gives notice in writing to the Minister requesting him to treat as confidential any copies of journals or specimens of strata or cores taken by an inspector under the foregoing sub-section, the Minister shall not, unless he considers such request unreasonable, allow such copies or specimens to be shown to any person not being an officer of the Minister except with the consent of such first-mentioned person.

(5) If any person sinking any shaft or borehole—

(a) fails to comply with the obligations imposed by this section, or

(b) obstructs or impedes an inspector in the exercise of any of the powers conferred on him by this section,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

(6) In this and in the next following section, the word “inspector” mean a person appointed in writing (either generally or for a particular occasion) by the Minister to be an inspector for the purposes of those sections.

76. —(1) Every owner agent or manager of a mine shall allow any inspector to have free access at all reasonable times to all underground or other workings and shall produce the journal of the borings and supply to any inspector such information and such specimens of seams or strata sunk through or opened out at the mine as may be reasonably required of him.

(2) If any such owner, agent, or manager fails to comply with this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

77. —As soon as may be after every 30th day of June and every 31st day of December, the Minister shall cause to be laid before each House of the Oireachtas a half-yearly report showing, in respect of the period of six months ending on such 30th day of June or such 31st day of December, all of the following matters, that is to say:—

(a) particulars of all State mining leases, State mining permissions, prospecting licences, State acquired minerals licences, and unworked minerals licences made or granted by him under this Act and for the time being current;

(b) the total amount of all moneys collected by the Minister, either by way of fine or lump sum payment or by way of rent, under or by virtue of any such lease, permission, or licence;

(c) particulars of all minerals acquisition orders made under this Act and for the time being in force and particulars of all State acquired minerals acquired thereby;

(d) any other matter relating to minerals or to the development and working of minerals which the Minister thinks proper to include in such report.

78. —All moneys received by the Minister (whether in the nature of a fine or lump sum, or in the nature of rent or other periodical payment) as consideration for any lease, licence, or permission granted by him under this Act, shall, as and when received, be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

79. —(1) All fees payable under this Act, whether to the Minister or the Board, shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

(2) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under this Act.

80. —(1) The Minister may make regulations in respect of any matter or thing referred to in this Act as prescribed or to be prescribed, but no such regulation shall be made in relation to the amount or collection of any fees without the consent of the Minister for Finance.

(2) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it annulling such regulation, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

81. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

82. —The Foreshore Act, 1933 (No. 12 of 1933) shall be construed and have effect as if the word “minerals”, where it occurs in sub-section (7) of section 2 and sub-section (1) of section 3 of that Act, included all minerals within the meaning of this Act other than scheduled minerals, mineral compounds, and mineral substances.

83. —The Mines and Minerals Act, 1931 (No. 54 of 1931), is hereby repealed.