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MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969 - SECT 11



11.(1) Where it appears to the Ministry that any mines and minerals vested in
the Ministry may be situated in any land, the Ministry, for the purposes of
searching for those mines and minerals, may, subject to any rights conferred
upon any other person by any lease or licence granted by the Ministry and
subject to subsections (3) and (4),

(a)subject to sections 47 and 58(3), enter upon the land and there do all such
things as are necessary for, or reasonably incidental to, those purposes, and,
without prejudice to the generality of the foregoing provisions, in particular
make borings, sink pits, remove water from old workings and take and remove
reasonable quantities of any such minerals for analysis, test, trial or
experiment; or

(b)grant to any person, in accordance with the succeeding provisions of this
section and section 12, a licence (in this Act referred to as "a prospecting
licence") authorising that person to do anything that the Ministry is
authorised to do by paragraph (a), subject to and in accordance with the
provisions of this Act.

(2) Where the land mentioned in subsection (1) is owned or occupied by a
government department, no exercise of the power conferred by paragraph (b) of
that subsection shall be taken as authorising the licensee to exercise any
right in relation to that land otherwise than with the written consent of that
department.

(3) Before exercising with respect to any land the right conferred by
paragraph (a) or the power conferred by paragraph (b) of subsection (1),
the Ministry shall notify its intention to do so by publishing in two
successive weeks in the Belfast Gazette and in one or more than one newspaper
circulating in the locality where the land is situated a notice

(a)stating that the Ministry proposes to exercise the right or power in
question;

(b)mentioning the land in relation to which the right or power is proposed to
be exercised; and

(c)naming a place or places (including at least one place in the locality)
where maps identifying the land are available for inspection at all reasonable
hours.

(4) Without prejudice to subsection (3), the Ministry, not less than one month
before exercising the right or, as the case may be, the power mentioned in
that subsection, shall serve notice of its intention to do so on

(a)every other government department;

(b)every local authority within whose area the land, or any part of the land,
in relation to which the right or power is proposed to be exercised is
situated; and

(c)every public body which, in the opinion of the Ministry, will be materially
affected by any activity likely to be carried on in the exercise of the right
or in consequence of the exercise of the power.

(5) Where the Ministry publishes under subsection (3), or serves under
subsection (4), a notice with respect to the proposed exercise of any right or
power, before exercising that right or, as the case may be, that power it
shall take into account any representations which are made to it

(a)by any person other than a person on whom such a notice was served, before
the expiration of a period of one month from the date of the last such
publication;

(b)by the person on whom such a notice was served, before the expiration of a
period of one month from the date of the service of the notice on him or such
longer period as the Ministry may in any case permit in writing.


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© 1969 Crown Copyright

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