PART V.

Restrictions on Working of Minerals Required for Support.

28. —(1) If any person having an interest in any land alleges—

(a) that he is not entitled to support or sufficient support, whether vertical or lateral, for any building or works erected or constructed, or intended to be erected or constructed, whether on or below the surface of such land, and

(b) that is not reasonably practicable to obtain a right to such support by private arrangement for any of the following reasons, namely—

(i) that the persons with power to grant the right are numerous or have conflicting interests,

(ii) that the persons with power to grant the right or any of them cannot be ascertained or cannot be found,

(iii) that the persons from whom the right must be obtained have not the necessary powers of disposition, whether by reason of defect of title, legal disability or otherwise,

(iv) that the persons or any of the persons with power to grant the right unreasonably refuse or refuses to grant such right or demand or demands terms which, having regard to the circumstances, are unreasonable,

such person may send to the Minister an application praying that such restrictions may be imposed on the working of the minerals under such land and the land adjacent thereto as he may consider necessary to secure sufficient support to such buildings or works.

(2) Every application under this section shall set forth the allegations upon which by virtue of the foregoing sub-section the right to make such application is based and shall be in the prescribed form and in addition to such allegations shall contain such other particulars as may be prescribed and shall be verified in the prescribed manner.

(3) Whenever an application is sent to the Minister under this section the applicant shall within the prescribed time serve in the prescribed manner on such persons as may be prescribed copies of such application.

(4) Any person upon whom an application has been served in pursuance of the foregoing sub-section may make representations to the Minister on the subject of such application.

(5) Where any building or work is a national monument within the meaning of the National Monuments Act, 1930 (No. 2 of 1930), and is by virtue of that Act under the guardianship of the Commissioners for Public Works in Ireland or of a local authority, within the meaning of the said Act, the said Commissioners or such local authority, as the case may be, shall for the purposes of this section be deemed to be persons having an interest in the land on which such building or work is erected.

29. —(1) On receipt of an application under the next foregoing section the Minister shall, but not until the expiry of three weeks after the receipt thereof, consider whether a prima facie case has been made out for the grant of the restriction applied for therein and for the purpose of such consideration shall consider any representations made to him in relation to such application and may make such inquiries and communicate with such persons as he may think fit.

(2) Upon such consideration the Minister shall, unless he is of opinion that a prima facie case has not been made out for the grant of the right the subject of such application, refer such application to the Board.

(3) The Board shall consider every application referred to it by the Minister under this section and shall report to the Minister on such application.

(4) Every report by the Board under this section shall be in the prescribed form and shall contain the prescribed particulars.

30. —(1) When the Minister receives a report on an application from the Board under this Part of this Act he shall consider such report and on such consideration shall have regard to such matters as he is required by this section to take into account, and if after such consideration he is satisfied that the allegations upon which the said application was based have been proved and that it is in the public interest that restrictions should be imposed, the Minister may, by order, impose such restrictions on such terms and subject to such conditions and for such period, in relation to the working of the minerals under the land the subject of such application and the land adjacent thereto, as he may think just, and upon such order being made the right to enforce the restriction imposed thereby shall, subject to the provisions of this Act, vest in the person making such application.

(2) The restrictions which may be imposed under this section may be either on the quantity or position of the minerals to be worked, or on the methods of working or packing or otherwise such as may be necessary to secure adequate support to the buildings or works or to prevent or minimise damage thereto.

(3) The Minister in determining whether restrictions should be imposed shall have regard to the value of the buildings or works or the cost of repairing damage likely to be caused thereto by subsidence, as compared with the value of the minerals, or to the importance of the erection or preservation of the buildings or works as compared with the importance, in the public interest, of the working of the minerals.

(4) Whenever a right to enforce restrictions is vested in any person by virtue of this section, compensation (in this Act referred to as compensation under Part V of this Act) in respect of such right shall be paid in accordance with this Act by such person.

(5) Subject to the provisions of the next following sub-section no restriction may be imposed under this section in respect of the working of any State mines and minerals or in respect of the working of any minerals in respect of which an exclusive State mining right is exercisable.

(6) Restrictions may be imposed under this section upon the working of minerals comprised in a lease made under Part III of this Act.