Minerals Development Act, 1940
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State mining rights under the Land Purchase Acts. |
4.—(1) Every State mining right to which this section applies shall include and be deemed always to have included a right to work scheduled minerals, mineral compounds, and mineral sub-stances within the meaning of this Act, and in this Act, the word “minerals”, when used in relation to any such State mining right, shall be construed accordingly. | |
(2) In this section, the expression “State mining right to which this section applies” means any such exclusive right of mining and taking minerals, and digging and searching for minerals as is mentioned in sub-section (3) of section 13 of the Irish Land Act, 1903 , or in sub-section (5) of section 45 of the Land Act, 1923 (No. 42 of 1923), which is, at the passing of this Act, or becomes, after such passing, vested in the State, either by virtue of the said sub-section (3), as amended by section 2 of the Act of 1931 and adapted in consequence of the enactment of the Constitution, or by virtue of the said sub-section (5) as so adapted. | ||
(3) Notwithstanding the repeal by this Act of the Act of 1931, 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 State mining rights to which this section applies), | ||
(c) section 1 of the Irish Land Act, 1907 , and | ||
(d) section 37 of the Irish Land Act, 1909 , | ||
shall continue to apply to any letting, lease, sale or demise of any State mining right to which this section applies made by the Land Commission before the passing of the Act of 1931. |