Minerals Development Act, 1940

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Inquiry and report by Board in relation to applications.

46.—(1) Whenever an application for an unworked minerals licence, an ancillary rights licence, or a preservation of support order is referred to the Board by the Minister, the Board shall consider such application and shall for that purpose hold an inquiry at which the following persons shall be entitled to beheard, either in person or by solicitor or counsel, and to adduce evidence, that is to say:—

(a) the applicant;

(b) the Minister;

(c) any person claiming to have an estate or interest in any minerals which are the subject of such application;

(d) any other person in respect of whom it appears to the Board that he would be substantially affected by the grant of the application.

(2) When the Board has considered in accordance with the foregoing sub-section of this section any such application as is mentioned in that sub-section, the Board shall report thereon to the Minister and shall in such report deal with all relevant aspects of the matter and in particular whether the relevant statutory conditions have or have not been fulfilled and, unless the Board reports against the granting of the application, the person or persons to whom compensation should be paid by the applicant, and the conditions which should be specified in the licence or order.

(3) Where two or more separate applications by different persons for unworked minerals licences in respect of the same minerals are referred to the Board, the Board may, if they so think proper, consider all such applications together and hold a single inquiry and make a single report in respect of all such applications and may also, if they so think proper, report in favour of the issue of unworked mineral licences to different such applicants in respect of different parts of such minerals.