PART 9

Rehabilitation of Mines

23 .— In this Part—

“ local authority ” means a county council or city council within the meaning of the Local Government Act 2001 ;

“mine” means any mine or quarry within the meaning of subsection (1) or (2), respectively, of section 3 of the Mines and Quarries Act 1965 and includes

(a) any place to which subsection (3) of that section relates, and

(b) any place used for the deposit of spoil or other refuse taken from the mine or quarry,

and a reference to the site of a former mine shall be read accordingly;

“ mine rehabilitation plan ” has the meaning given in section 24 (1);

“ Minister ” means Minister for Communications, Marine and Natural Resources;

“rehabilitation”, in relation to a mine, means the treatment of the land affected by a mine in such a way as to restore the land to a satisfactory state, with particular regard to soil quality, wildlife, natural habitats, freshwater systems, landscaping and appropriate beneficial uses.

24 .— (1) Where the Minister or a local authority is of the opinion that, in respect of the site of a former mine, the rehabilitation of the site

(a) is wholly or mainly necessary for the purpose of public or animal health or safety, for the protection of the environment or is otherwise in the public interest, and

(b) it is not feasible to expect that the site will otherwise be rehabilitated within a reasonable time having regard to paragraph (a),

then the Minister, a local authority as agent of the Minister under section 26 or a local authority acting on its own behalf with the consent of the Minister

(i) may prepare a plan for the long-term rehabilitation of the site (“ mine rehabilitation plan ”), and

(ii) may implement the mine rehabilitation plan.

(2) A mine rehabilitation plan, whether or not implemented, may be revised from time to time—

(a) by a local authority acting as agent of the Minister under section 26 (1),

(b) by the local authority concerned with the consent of the Minister,

(c) in any other case, by the Minister.

(3) Nothing in this section shall be read as affecting any obligations of—

(a) the person who operated the mine, or

(b) the owner or occupier of the site of the former mine in respect of the former mine, or

(c) any other person who otherwise has obligations in respect of the site of the former mine.

(4) In preparing a mine rehabilitation plan, the Minister or a local authority (as the case may be) shall consult with the each of the following, if reasonably ascertainable:

(a) the owner or occupier of the site of the former mine;

(b) the owner or occupier of any land which is affected by the site of the former mine or over which access to the site might be required;

(c) any other person who may have obligations in respect of the site of the former mine,

and may consult such any other person, including any group or association of persons, as the Minister or the local authority (as the case may be) considers appropriate in the circumstances.

(5) In revising a mine rehabilitation plan, the Minister or a local authority (as the case may be) shall, where appropriate, consult with each of the persons referred to in subsection (4).

(6) Nothing in this Part shall be read as requiring the Minister or a local authority (as the case may be) to implement a plan prepared under this section.

25 .— (1) For the purposes of

(a) a mine rehabilitation plan, or

(b) a mine rehabilitation plan which forms part of a project under section 46 (which relates to advances by the Minister for the purpose of marine or natural resource based tourism or heritage projects) of the Merchant Shipping (Investigation of Marine Casualties) Act 2000 ,

the Minister may, with the consent of the Minister for Finance, from time to time advance to a person (including a local authority acting on its own behalf or as agent of the Minister) out of monies provided by the Oireachtas such sums, by way of grant or loan (where appropriate), as the Minister may determine and upon such terms and conditions as he or she considers necessary.

(2) Where before the passing of this Act a local authority undertook work as an agent for the Minister in respect of the site of a former mine, which work was undertaken in accordance with a project similar in nature to a mine rehabilitation plan, then such work shall, for the purposes of subsection (1), be deemed to be work under a mine rehabilitation plan.

26 .— (1) A local authority may be appointed by the Minister as agent of the Minister to do one or more of the following:

(a) prepare a mine rehabilitation plan;

(b) revise a mine rehabilitation plan; or

(c) carry out a mine rehabilitation plan,

on such terms and conditions as the Minister may decide.

(2) After consultation with the Minister for the Environment, Heritage and Local Government, the Minister may appoint a local authority to discharge functions under this section in respect of so much of the site of a former mine which is within the local authority’s functional area.

(3) Nothing in subsection (2) shall be read as affecting any appointment, made by the Minister before the passing of this Act, of a local authority as agent of the Minister to carry out a project similar in nature to a mine rehabilitation plan.

27 .— (1) For the purpose of deciding whether or not to prepare, revise or implement a mine rehabilitation plan in respect of the site of a former mine or in preparing, revising or implementing such a plan, the Minister, a local authority acting as agent of the Minister or a local authority acting on its own behalf (as the case may be) has—

(a) at all reasonable times a right of entry and a right of way to the site of the former mine, subject to—

(i) except in cases of urgency, advance notice to the owner or occupier (in so far as such owner or occupier can reasonably be ascertained), and

(ii) if requested, the payment of compensation of an amount for any loss or expenditure incurred by the owner or occupier of any land affected by the exercise of the right of entry and the right of way by the Minister or the local authority concerned, but only to the extent that it is just and equitable in the circumstances after having had regard to

(I) any improvement in the land to the benefit of the owner or occupier as a consequence of the mine rehabilitation plan,

(II) any obligation that the owner or occupier of the land concerned has in respect of the site of the former mine,

and

(b) all such powers as may be necessary or expedient for or incidental to its functions in relation to a mine rehabilitation plan.

(2) Where

(a) before the passing of this Act a project, similar in nature to a mine rehabilitation plan, was commenced in respect of the site of a former mine by a local authority, whether acting as agent for the Minister or otherwise, and

(b) the project continues to be implemented or, having been implemented, the site or any part of it requires monitoring for the purposes set out in section 24 (1)(a),

then paragraphs (a) and (b) of subsection (1) shall apply in respect of the site.

(3) (a) The functions of the Minister or a local authority under this section may be exercised by one or more persons on behalf of the Minister or the local authority.

(b) The owner or occupier of land to which subsection (1) relates may request evidence of identity in respect of a person exercising functions pursuant to paragraph (a).

(c) For the purposes of paragraph (b), evidence of identity may be proved in one of the following ways:

(i) if the person is an officer or employee of the Minister or the local authority, an identity card or such other document issued by or on behalf of the Minister or the local authority which identifies that person as an officer or employee (however expressed) of the Minister or the local authority, as the case may be;

(ii) in any other case

(I) where a notice to which subsection (1)(a)(i) relates is given in writing and identifies the person given the power of entry, sufficient evidence to identify that person or that the person to whom the evidence relates is an officer or employee (however expressed), or is acting as an agent, of the person given the power of entry, or

(II) evidence in writing from or on behalf of the Minister or from the local authority that the person has been given the power of entry, together with sufficient evidence to identify that person or that the person to whom the evidence relates is an officer or employee (however expressed), or is acting as an agent, of the person given the power of entry.

28 .— (1) In connection with the implementation of any mine rehabilitation plan, the Minister may, with the consent of the Minister for Finance, do either or both of the following:

(a) purchase by agreement such lands, or rights in, under or over such lands or any substratum of such lands, as the Minister considers necessary or expedient for the purposes of that plan;

(b) by order acquire compulsorily lands, or rights in, under or over lands or any substratum of lands, that are specified in an order made under subsection (2).

(2) (a) If for the purposes of any mine rehabilitation plan the Minister thinks it necessary or expedient to acquire compulsorily any land, or rights in, under or over land or any substratum of land, then the Minister may, with the consent of the Minister for Finance, by order declare his or her intention to so acquire such land or rights. Every such order shall operate to confer on the Minister power to acquire compulsorily in accordance with this section the land or rights concerned.

(b) Before making an order under this subsection, the Minister shall—

(i) deposit and keep open for inspection at some suitable place (public notice of which shall be given) such plans, specifications and other documents as will show fully and clearly the land or rights intended to be acquired by virtue of the order,

(ii) give notice, in such manner as he or she may consider best adapted for informing persons likely to be affected by the order, of his or her intention to consider the making of the order and of the manner in which representations and objections in respect of the order may be made, and

(iii) if he or she considers it expedient so to do, cause a public inquiry to be held in regard to the making of the order.

(3) (a) Where, immediately before an order is made by the Minister under this section, any person has any estate, right, easement, title or other interest in, over or in respect of the land acquired by the order, the person may apply to the Minister at any time after the making of the order for compensation in respect of that interest and the Minister shall, subject to subsection (4), thereupon pay to the person by way of compensation an amount equal to the value (if any), on the date of the order, of that interest together with interest at such rate as the Minister, with the consent of the Minister for Finance, may determine from time to time, on the amount from that date to the date of payment thereof.

(b) The compensation to be paid under this paragraph in respect of any estate, right, easement, title or interest of any kind in, over or in respect of land shall, in default of agreement, be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act 1919.

(4) (a) The Minister may by regulations, in such cases (if any) and to such extent as he or she considers necessary for the purposes of compulsory acquisition under this section, apply all or any of the provisions of sections 69 to 83 of the Lands Clauses Consolidation Act 1845 as if

(i) such compensation were purchase money or compensation under that Act, and

(ii) the Minister was the promoter of the undertaking,

together with any other necessary modifications.

(b) Where money is paid into court under section 69 of the Lands Clauses Consolidation Act 1845, as applied by the Minister under this subsection, no costs shall be payable by the Minister to any person in respect of any proceedings for the investment, payment of income or payment of capital of such money.

(5) The following applies to any public inquiry held under this section:

(a) the Minister shall appoint a fit and proper person to hold the inquiry;

(b) such person is hereby authorised to administer oaths to persons appearing as witnesses at the inquiry; and

(c) any person with an interest in or affected by the subject matter of the inquiry shall be entitled to appear personally or by counsel or solicitor and to adduce evidence.

(6) Nothing in this section shall be read as restricting the powers of a local authority to compulsorily acquire the site of a former mine, or any part of such site, under the Derelict Sites Act 1990 or under any other enactment.

29 .— Any expenditure incurred under this Part by the Minister or a local authority in the rehabilitation of the site of a former mine may, where considered appropriate in the circumstances, be recovered by the Minister or the local authority (as the case may be) against any person with a contractual or other enforceable obligation to rehabilitate that site to the extent of that person’s obligation to rehabilitate the mine.

30 .— (1) This Part is in addition to, and not in substitution or restrictive of, any other requirement or obligation imposed by law.

(2) Nothing in subsection (1) or in any other act or in any instrument made under an act shall be read so as to restrict the exercise of functions under this Part.