Minerals Development Act 2017

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Mining licences and regulations imposing conditions

79. (1) The Minister may make regulations setting out conditions to which a licence is, or may be, subject in relation to any of the following matters:

(a) the payment of mining licence fees and royalties, including remedies and penalties for non-payment or late payment of those fees or royalties;

(b) where, under section 94 , the Mining Board determines that the compensation to be paid to a right-to-compensation holder in respect of minerals is greater than the royalty paid in respect of those minerals, the reimbursement of the Minister by the licensee of the additional amount payable;

(c) any payments for which the licensee is liable under section 113 or 114 or any other provision of this Act;

(d) the payment of taxes and other charges under other Acts;

(e) compliance with other Acts, including obtaining permissions and licences required by—

(i) the Planning and Development Acts 2000 to 2016, and

(ii) the Environmental Protection Agency Acts 1992 to 2011,

and compliance with any conditions of those permissions or licences;

(f) notices;

(g) working the minerals, including requirements regarding the continuous working of minerals;

(h) the surface of the land in which the minerals occur or are worked, including the avoidance of subsidence of that land;

(i) force majeure;

(j) workers, including requirements regarding professional qualifications, and equipment;

(k) safety and security;

(l) activities or other things prohibited without the Minister’s consent or approval;

(m) weighing or measuring minerals;

(n) records, reports, data, lithological logs and plans, including access to them and auditing them;

(o) the requirement to report to the Minister and the form, timing and contents of such reports;

(p) the Minister’s right of inspection of mines;

(q) assignment of the licence, including a prohibition or restriction on assignment;

(r) the provision of financial security in order to ensure that the licensee can pay compensation for damages or nuisance for which he or she may be liable under section 98 ;

(s) indemnification by the licensee of the Minister and the State if the Minister or the State is found liable to pay compensation for any act or omission of the licensee or the licensee’s officers, employees, agents or contractors;

(t) where the licence relates to private minerals, reimbursement by the licensee of any payment made by the Minister to discharge the reasonable legal costs of a holder of a right to compensation referred to in section 91 ;

(u) insurance;

(v) renewal of the licence;

(w) the expiration, revocation, termination and surrender of the licence, including the rights and duties of the licensee in those circumstances;

(x) mine closure and rehabilitation of land, including the provision of financial security in order to ensure the licensee’s obligations in relation to these matters are met;

(y) the settlement of disputes;

(z) restrictions on the publication or disclosure of information communicated under the licence;

(aa) the maximum period following the grant of a licence within which operations under the licence are to commence;

(ab) such other matters as are ancillary or consequential to the other provisions of this subsection.

(2) Any regulations made under this section which are stated to apply to all mining licences shall apply to mining licences granted or renewed after those regulations come into operation.

(3) The Minister and the licensee may agree on terms and conditions to which a licence is to be subject that are in addition to the conditions prescribed under subsection (1).