Minerals Development Act 2017
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Mining facilities acquisition order | ||
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112. (1) The Minister may, by order to be known as a “mining facilities acquisition order”, compulsorily acquire an ancillary surface right, for the purposes of a licensee under a mining licence, or acquire and, subject to Chapter 2 of Part 7, vest in a licensee under a mining licence an estate or interest in private land if— | ||
(a) the licensee submits an application in the prescribed form and the prescribed application fee, | ||
(b) in the case of acquiring an ancillary surface right, the Minister is satisfied that the ancillary surface right is necessary for the efficient working of the minerals, | ||
(c) in the case of acquiring an estate or interest in land, the Minister is satisfied that the estate or interest is necessary for an operational purpose, | ||
(d) the licensee has complied with the requirements of section 111 (1), | ||
(e) the licensee has provided the prescribed information and any additional information required by the Minister, | ||
(f) the requirements of section 116 regarding public notice and consideration of objections have been complied with, | ||
(g) where an oral hearing has been conducted under section 117 , the Minister has considered the report of the Mining Board, and | ||
(h) the Minister for Public Expenditure and Reform consents to the making of the order. | ||
(2) A mining facilities acquisition order shall— | ||
(a) specify the ancillary surface right or the estate or interest acquired, including its duration, and describe the land affected, | ||
(b) in the case of the vesting of a fee simple estate, identify any interests or burdens to which the estate is subject, and | ||
(c) contain any supplementary or ancillary provisions as the Minister, with the prior consent of the Minister for Public Expenditure and Reform, considers proper. | ||
(3) On the making of a mining facilities acquisition order for the purpose of acquiring an ancillary surface right, the right is vested in the Minister on behalf of the State. | ||
(4) On the making of a mining facilities acquisition order for the purpose of acquiring an estate or interest in land, the estate or interest is vested in the licensee. | ||
(5) Notwithstanding the Registration of Deeds and Title Acts 1964 and 2006, the vesting of an ancillary surface right, estate or interest under subsections (3) and (4) that affects registered land occurs when the order is made. | ||
(6) The Statutory Instruments Acts 1947 and 1955 do not primarily apply (within the meaning of those Acts) to an order made under subsection (1). |