Minerals Development Act 2017

Public notice before making rehabilitation acquisition order

146. (1) Before making a rehabilitation acquisition order, the Minister shall give public notice in accordance with this section that the Minister intends to make the order 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 area to be affected by the proposed order a map showing the boundaries of the area and a copy of the proposed order,

(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 area to be affected by the proposed order a notice stating that—

(i) the Minister intends to make the order that will compulsorily acquire an estate or interest in specified land,

(ii) a map showing the boundaries of the area to be affected by the order and a copy of the proposed order may be viewed at the places at which they have been deposited in accordance with paragraph (a) and that copies can be obtained at a specified office of the Department of Communications, Climate Action and Environment on payment of a fee, and

(iii) any person claiming to have an estate or interest in the area to be affected by the proposed order may send written objections that meet the requirements of subsection (3) to the Minister at an address specified in the notice,

and

(c) make reasonable efforts to deliver to all occupied dwellings and business premises within the area to be affected by the proposed order and, if there is registered land within that area, to the registered owners of that land a notice that—

(i) contains the information set out in paragraph (b)(i) and (iii), and

(ii) includes a map showing the boundaries of the area to be affected and a copy of the proposed order.

(3) The Minister shall consider only those objections that—

(a) are in writing from persons claiming an estate or interest in the land to be affected 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,

(b) relate to whether the estate or interest to be acquired is necessary for implementing the rehabilitation plan, and

(c) do not deal with compensation.

(4) The Minister shall determine the fee to cover the cost of providing copies referred to in subsection (2)(b)(ii).