Mines and Quarries Act, 1965

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SECOND SCHEDULE

Procedure for Making Regulations

Section 127 .

1. Before the Minister makes any general regulations, he shall publish in Iris Oifigiúil and in such manner as he thinks best adapted for informing persons affected, notice of his intention to make the regulations.

2. Before the Minister makes any special regulations, he shall give notice in such manner as he thinks best adapted for informing persons affected of his intention to make the regulations.

3. In either case, the notice shall specify a place where copies of a draft thereof may be obtained and the time (which shall be not less than twenty-one days from the date of publishing or giving the notice) within which any objection made with respect to the draft regulations must be sent to him.

4. (1) Special regulations shall not be made otherwise than on an application made by an inspector or by or on behalf of the owner or the majority of the persons employed at the mine or quarry.

(2) The application must be accompanied by a draft of the proposed regulations.

5. Every objection must be in writing and state—

(a) the specific grounds of objection,

(b) the omissions, additions, or modifications asked for.

6. The Minister shall consider any objection made by or on behalf of any persons appearing to him to be affected which is sent to him within the required time, and he may, if he thinks fit, amend the draft regulations and, after doing so, he shall, unless an inquiry has been held under this Schedule, cause the amended draft to be dealt with in like manner as an original draft.

7. If after the publication of the notice with respect to any draft regulations (whether an original or amended draft) any general objection as hereinafter defined is made within the required time with respect to the draft and not withdrawn, then, unless a previous inquiry under this Schedule has been held with respect to the draft or some previous draft of the regulations or the Minister withdraws the draft regulations, he shall before making the regulations direct an inquiry to be held in the manner hereinafter provided. The Minister may, if he thinks fit, also direct such an inquiry to be held in regard to any objection, notwithstanding that no such general objection has been made or that such a previous inquiry has been held as aforesaid.

8. Where any such inquiry is to be held as to any draft regulations, the following provisions shall have effect with respect to the inquiry:

(a) the Minister shall appoint a competent person or competent persons to hold the inquiry, and to report to him thereon,

(b) the inquiry shall be held in public, and any inspector and any objector and any other person who, in the opinion of the person holding the inquiry or, if there is more than one such person, of the person presiding over the inquiry, is affected by the draft regulations, may appear at the inquiry either in person or by counsel, solicitor, or agent,

(c) the witnesses may, if the person holding or presiding over the inquiry thinks fit, be examined on oath (which such person is hereby empowered to administer),

(d) subject as aforesaid, the inquiry and all proceedings preliminary and incidental thereto shall be conducted in accordance with rules made by the Minister and the rules may make provision as to the costs of the inquiry and other proceedings, including the remuneration of the person or persons holding the inquiry.

9. For the purposes of this Schedule “general objection” means, as respects any draft regulations, an objection made—

(a) in the case of general regulations—

(i) by or on behalf of the majority of the owners of mines or quarries affected by the draft regulations or by or on behalf of the owners employing a majority of the persons employed; or by any person who satisfies the Minister that he or an association on behalf of which he acts, represents a majority of the persons employed, or

(ii) by or on behalf of the majority of the owners of any class or description of mines or quarries affected as respects which it appears to the Minister that, by reason of special conditions existing in connection therewith, there is reason to believe that any of the requirements of the draft regulations may be unnecessary or inappropriate in the case of that class or description, or by or on behalf of the owners employing a majority of the persons employed in any such class or description of mines or quarries; or by any person who satisfies the Minister that he or an association on behalf of which he acts represents a majority of the persons employed in any such class or description of mines or quarries;

(b) in the case of special regulations—by or on behalf of the owner of the mine or quarry or by any person who satisfies the Minister that he or an association on behalf of which he acts, represents a majority of the persons employed.