asked the Minister for Industry and Commerce if he will make a statement on the respective rights of landowners and mining concerns in respect of opencast coalmining.
Ceisteanna—Questions. Oral Answers. - Open cast Coalmining Rights.
3.
Section 31 of the Minerals Development Act, 1940, confers on persons entitled to work State-owned minerals the right to enter on the lands under which the minerals lie and use such lands in such manner as may be reasonably necessary for the working of the minerals subject to the payment of compensation for damage caused to the surface of the land.
Under the Minerals Development Acts, the Minister for Industry and Commerce may, with the consent of the Minister for Finance, compulsorily acquire, either permanently or temporarily, land or ancillary rights where he is of the opinion that such is necessary for the efficient and convenient exploitation of any State minerals and he may grant to the holder of a State mining lease a permit to use any land or ancillary right so acquired. It is provided that the Minister shall be liable to pay compensation where he exercises his power of acquisition.
Any person entitled to work privately owned minerals may apply to the Minister for an ancillary rights licence in respect of the working of the said minerals. Such applications may be referred by the Minister to the Mining Board and any person having an interest is entitled to be heard by the Mining Board. A licence may not be granted by the Minister, however, unless it is not reasonably practicable for the applicant to obtain by private arrangement the ancillary right in question.
It is my intention to provide as a condition of the grant of an ancillary rights licence in relation to opencast mining that the surface of the land be restored to its former condition except in cases where such a course would not be practicable.
Who will decide the compensation that the land owner will receive?
If it cannot be agreed between the parties it is referred to the Mining Board and they, having heard all the parties interested, will adjudicate and award compensation.
After the adjudication, if it transpires that the mining concessionaire has nothing, what happens to the man whose land had been injured and who is claiming compensation?
Great care is taken before such a concession is given to anybody and his bona fides are usually well-established before he gets even a prospecting licence, much less a mining licence.
Is the Minister aware of certain cases in which damage was assessed and the mining concessionaire announced that he had no money to pay and went off?
I am aware of no such case; in fact I do not believe one ever occurred.
It did and I furnished particulars to the Minister's Department and it was afterwards adjusted. Would the Minister consider investigating circumstances of that kind? Would he consider arranging for some guarantee bond to cover the liability of the concessionaire at least for the protection of the individual whose land is entered upon by virtue of the Minister's Order?
Where such a course would be advisable and if empowered by law to do so, I should certainly not hesitate to require such a condition.
A bond?
Yes, a bond.
Would the Minister say if there has been any interference or if any interference is likely with the basset mining workers on the Kilkenny-Tipperary border?
That is a separate question. I should like to have notice of it as I do not know what the Deputy has in mind.