I move that the Committee agree with the Seanad in amendment No. 1:
NEW SECTION.
In page 5, between lines 43 and 44, the following inserted:
13. —Without prejudice to the provisions of Part II of the Act of 1940 (which relates to prospecting for unworked minerals), section 12 shall not operate to prevent the owner of an estate or interest in minerals in any land from prospecting for such minerals, that is to say, carrying out any activities for the purpose of ascertaining the character, extent or value of such minerals and taking and removing reasonable quantities of such minerals for analysis, test, trial or experiment where such prospecting is conducted otherwise than as part of the operation of working those minerals if, apart from that section, he would be entitled to conduct such prospecting but such right of prospecting shall not apply in relation to minerals which are being worked by the Minister or are the subject of a State mining lease or a licence under section 16 (1) or be so exercised as to interfere with such working or with the lawful operations of the lessee or licensee.".
This and the other amendments which are now before the House arose out of points raised in the course of the Committee Stage debate in the Seanad. The amendments were subsequently agreed by the Seanad when moved at the Report Stage.
The purpose of amendment No. 1 is to put it beyond doubt that the vesting provision in section 12 of the Bill does not affect any rights which mineral owners have under existing law to prospect for their own minerals, provided such prospecting does not interfere with the operations of the Minister or any other person lawfully entitled to work the minerals. The desirability of the amendment arises from the fact that the definition of "working" includes "searching for", an activity which would be involved in prospecting.
It is a matter of interpretation whether prospecting only would come within the definition, but it is desirable to clarify the position that the right vested in the Minister under section 12 does not interfere with any existing rights to prospect for minerals.
