PART VIII.

Miscellaneous and General.

50. —(1) Where a person proposes to sink, for the purpose of searching for or getting any minerals, a shaft or borehole intended to reach a depth of more than thirty feet below the surface, he shall, before commencing such sinking, give to the Minister notice in writing of his intention so to do.

(2) Every person who sinks, for the purpose of searching for or getting any minerals, a shaft or borehole intended to reach a depth of more than thirty feet below the surface shall keep a journal thereof and shall retain for a period of not less than six months such specimens of the strata passed through as may have been obtained in the course of the sinking thereof, either as cores or fragments.

(3) An inspector shall be entitled at all reasonable times to do all or any of the following things, that is to say:—

(a) have free access to any such shaft, borehole or core;

(b) to inspect and take copies of journals of such shafts or boreholes;

(c) to inspect all specimens so obtained and kept;

(d) to take representative specimens of any such cores.

(4) If any person sinking any such shaft or borehole as aforesaid gives notice in writing to the Minister requesting him to treat as confidential any copies of journals or specimens of strata or cores taken by an inspector under the foregoing sub-section, the Minister shall not, unless he considers such request unreasonable, allow such copies or specimens to be shown to any person not being an officer of the Minister except with the consent of such first mentioned person.

(5) If any person sinking any shaft or borehole—

(a) fails to comply with the obligations imposed by this section, or

(b) obstructs or impedes an inspector in the exercise of any of the powers conferred on him by this section,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

51. —(1) Every owner, agent or manager of a mine shall allow any inspector to have free access at all reasonable times to all underground working and shall supply to any inspector such information and such specimens of seams or strata sunk through or opened out at the mine as may be reasonably required of him.

(2) If any such owner, agent, or manager fails to comply 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 fifty pounds.

52. —(1) Where the working of any State mines and minerals or the exercise of any exclusive State mining right has been abandoned or discontinued, at whatever time the abandonment or discontinuance occurred, the Minister may cause the top or entrance of every shaft or outlet used in connection with such working to be kept surrounded by a structure of a permanent character sufficient to prevent accidents, and may enter on any land for the purpose of so doing.

(2) The Minister may authorise any person in writing to exercise for and on behalf of the Minister the powers conferred by sub-section (1) of this section on the Minister and any person so authorised (in this section referred to as an agent of the Minister) may in the name and for and on behalf of the Minister exercise such powers.

(3) If any person obstructs or interferes with any agent of the Minister in exercise of the powers conferred on such agent, by virtue of the foregoing provisions of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(4) No compensation shall be payable in respect or in consequence of the exercise of the powers conferred by this section on the Minister or an agent of the Minister.

(5) Nothing in this section contained shall exempt any person from any liability under any other Act or otherwise.

53. —The Mining Industry Act, 1920, save sections 2, 19, 25 and 26 thereof and the First Schedule thereto, is hereby repealed and the said Act shall, save as aforesaid, be deemed never to have been in force in Saorstát Eireann or in the area now comprised in Saorstát Eireann.

54. —(1) The Minister may make regulations in respect of any matter or thing referred to in this Act as prescribed or to be prescribed.

(2) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it annulling such regulation, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

55. —Save as is otherwise provided by this Act, all expenses incurred in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

56. —This Act may be cited as the Mines and Minerals Act, 1931.