Minerals Development Act 2017
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Public notice before granting, renewing or extending mining licence | ||
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69. (1) Before granting or renewing a mining licence or extending a mining licence to include additional minerals or minerals in or on adjacent land, the Minister shall give public notice in accordance with this section that the Minister intends to grant, renew or extend the licence, as the case may be, and shall consider any objection that meets the requirements of subsection (3). | ||
(2) The Minister shall, for the purposes of subsection (1)— | ||
(a) deposit in the offices of the Department of Communications, Climate Action and Environment and in one or more places to which members of the public have access that are in the vicinity of the land specified in the proposed licence a description of the proposed licence and a map showing the boundaries of the specified land, | ||
(b) publish once each week in 2 successive weeks in Iris Oifigiúil, in a national newspaper and in at least one newspaper circulating in the vicinity of the specified land a notice stating that— | ||
(i) the Minister intends to grant, renew or extend, as the case may be, the licence for specified minerals to the applicant’s nominee company, and that the licensee will be entitled to exercise ancillary underground rights in respect of the minerals, | ||
(ii) a description of the proposed licence and a map showing the boundaries of the specified land may be viewed at the places at which they have been deposited in accordance with paragraph (a) and that copies can be obtained at an office of the Department of Communications, Climate Action and Environment, specified in the notice, on payment of a fee, and | ||
(iii) the public may send written objections that meet the requirements of subsection (3) to the Minister at an address specified in the notice, | ||
and | ||
(c) in the case of an application to grant a mining licence not involving a renewal of the licence, or to extend a mining licence to additional minerals or minerals in or on adjacent land, make reasonable efforts to deliver to all occupied dwellings and business premises on the specified land and, if there is registered land within the specified land, to the registered owners of that land a notice that— | ||
(i) contains the information set out in paragraph (b), | ||
(ii) includes a map showing the boundaries of the specified land, and | ||
(iii) invites any person claiming a right to compensation under section 86 if the minerals are worked to notify the Minister of his or her claim at an address specified in the notice and within a specified time. | ||
(3) The Minister shall consider only those objections that— | ||
(a) are in writing and have been delivered to the address specified in the notice within 28 days after the first date of publication of the notice in Iris Oifigiúil, and | ||
(b) relate to entering on land, working minerals or the exercise of ancillary underground rights and do not relate to compensation or matters to be addressed in permissions, licences or environmental impact assessments by or under— | ||
(i) the Planning and Development Acts 2000 to 2016, | ||
(ii) the Environmental Protection Agency Acts 1992 to 2011, | ||
(iii) the Local Government (Water Pollution) Acts 1977 to 2007, | ||
(iv) the Air Pollution Act 1987 , | ||
(v) the Waste Management Acts 1996 to 2011, | ||
(vi) the Waste Management (Management of Waste from the Extractive Industries) Regulations 2009, or | ||
(vii) the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ). | ||
(4) The Minister shall determine the fee to cover the cost of providing copies referred to in subsection (2)(b)(ii). |