PART III.

Leasing of State Mines and Minerals.

11. —(1) If in the opinion of the Minister it is in the public interest that any State mines and minerals or any exclusive State mining right should be granted by way of lease to any person, the Minister may, under and in accordance with this Part of this Act, demise such State mines and minerals or exclusive State mining right to such person by way of lease for such term not exceeding ninety-nine years as the Minister shall think proper.

(2) A demise of any State mines and minerals or exclusive State mining right made under this section may be made by way of take note or prospecting lease for such term not exceeding two years as the Minister shall think proper and such lease may contain an option to the lessee therein to take a reversionary lease of such State mines and minerals or exclusive State mining right for such term as will together with the term created by such take note or prospecting lease not exceed ninety-nine years as the Minister shall think proper.

(3) Every lease made under this section shall (unless the Minister and the Minister for Finance are jointly of opinion that such lease should in the public interest be made free of any payment) be made subject to the payment to the Minister of such moneys, whether by way of fine or other preliminary payment or by way of rent (including a royalty rent variable according to the price or value of the minerals gotten) or by both such ways, as the Minister and the Minister for Finance shall jointly think proper and shall agree upon with the person to whom such lease is made, and all such moneys when received by the Minister shall be paid into or disposed of for the benefit of the Exchequer by the Minister in such manner as the Minister for Finance shall direct.

(4) Every such lease as aforesaid shall be made subject to and shall contain such covenants, conditions and agreements (other than for the renewal of the lease) as the Minister shall consider proper or desirable in the public interest or otherwise and shall agree upon with the person to whom such lease is granted.

(5) In exercising the respective powers conferred on them by this section, and in particular in determining the terms of any demise or the payment to be made thereunder, the Minister and the Minister for Finance may take into consideration the general advantages that are likely to accrue to the State from the development of the mines and minerals to which the demise relates.

12. —Every person who is for the time being lessee of State mines and minerals or of an exclusive State mining right under a lease made under this Part of this Act may, subject to the liability to pay compensation in accordance with this Part of this Act, enter upon the land in or under which there are such State mines and minerals or in respect of which such exclusive State mining right is exercisable, and the right of entry conferred by this section is in this Part of this Act referred to as the right of entry.

13. —(1) For the purpose of ascertaining the value of any State mines and minerals or of any exclusive State mining right, the Minister may, subject to the liability to pay compensation in accordance with this Part of this Act and after having given to the occupier of the land in or under which there are such State mines and minerals or in respect of which such exclusive State mining right is exercisable at least one month's notice in writing by registered letter addressed to him at his last known place of abode, enter upon such land and make such experiments (including borings) as in his opinion appear necessary or desirable, and the right conferred by this section is in this Act referred to as the right of entry and experimenting.

(2) The Minister may authorise any person in writing to exercise for and on behalf of the Minister in relation to any land in or under which there are any State mines and minerals or in respect of which any exclusive State right of mining is exercisable the right of entry and experimenting, and any person so authorised may in the name and for and on behalf of the Minister exercise such right, and any act done by such person in pursuance of such authority shall for the purposes of this Act (including the foregoing sub-section) be deemed the act of the Minister.

14. —Whenever any damage is done or occasioned to the surface of any land or any buildings on any land by the exercise of the right of entry, or the right of entry and experimenting or an exclusive State right of mining or by searching for and taking State mines and minerals in or under such land, the person exercising such right or searching for and taking such minerals shall be liable to pay compensation (in this Act referred to as compensation under Part III of this Act) for such damage.

15. —(1) The Minister shall not do any of the following things except after consultation with the Minister for Finance, that is to say:—

(a) make a lease under this Part of this Act of any State mines and minerals in or under land to which the State Lands Act, 1924 (No. 45 of 1924), applies or of any exclusive State mining right exercisable in respect of such land;

(b) exercise or authorise any person to exercise the right of entry and experimenting in respect of such land.

(2) The Minister shall not do any of the following things except after consultation with the Minister for Local Government and Public Health, that is to say:—

(a) make a lease under this Part of this Act of any State mines and minerals in or under land to which the State Lands (Workhouses) Act, 1930 (No. 9 of 1930), applies, or of any exclusive State mining right exercisable in respect of such land;

(b) exercise or authorise any person to exercise the right of entry and experimenting in respect of such land.

(3) The Minister shall not do any of the following things, that is to say:—

(a) make a lease under this Part of this Act of any State mines and minerals in or under land vested in or in the occupation of a Minister head of a Department of State or of any exclusive State mining right exercisable in respect of such land;

(b) exercise or authorise any person to exercise the right of entry and experimenting in respect of such land,

except after consultation with such Minister.

16. —(1) Every person to whom a lease is granted under this Part of this Act shall furnish to the Minister in the prescribed form within twenty-eight days after being required by the Minister so to do, such information as the Minister may require in relation to the minerals the subject of such lease and the working of such minerals.

(2) If any person on being required under this section by the Minister to furnish to him any information fails or refuses to furnish such information or furnishes information which is false or misleading in any material respect or otherwise makes default in complying with this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and in the case of a continuing offence a further fine not exceeding ten pounds for every day during which the offence is continued.

17. —(1) The Minister shall, as soon as may be, after every 30th day of June and every 31st day of December, after the passing of this Act lay on the table of each House of the Oireachtas a report containing particulars of every lease for a term exceeding two years actually made under this Part of this Act during the six months ending on such 30th day of June and 31st day of December respectively.

(2) The period commencing on the day of the passing of this Act and ending on the 30th day of June, 1932, shall for the purposes of this section be deemed to be a period of six months ending on the said 30th day of June, 1932.