Minerals can be in State ownership or privately owned. Regardless of ownership, minerals development requires a State Mining Facility from the Minister. This can be either a State Mining Lease under the Minerals Development Act 1940 for minerals in State ownership, or a State Mining Licence if the right to work minerals is vested in the Minister under the Minerals Development Act 1979. Minerals in these Acts do not include stone gravel sand and clay. A State Mining Permission can be issued for very small tonnages of State-owned minerals for limited periods of time, but this procedure is rarely used. There are at present 13 State Mining Leases and 9 State Mining Licences.
As a matter of policy, the Minister will only accept an application from the holder of a valid Prospecting Licence, State Mining Lease, Licence or Permission over the area in question. An application fee is charged as set out in S.I. No. 259 of 1996 - MINERALS DEVELOPMENT REGULATIONS, 1996. (Application fees for certain state mining facilities).
Whilst the information that will be required to support an application may vary somewhat in individual circumstances, and applicants are advised to consult the Exploration and Mining division, a generic list of what is required can be found in the following documents:
Base Metals (pdf document)
Other than Base Metals (pdf document)
Mining Leases etc. are negotiated on a case by case basis as required by Section 26 of the Minerals Development Act 1940 which also applies to Licences under the Minerals Development Act 1979 (see Section 17 of the 1979 Act). Typical conditions require adherence to best practice, ensuring full extraction of the minerals, prevention of subsidence, and proper rehabilitation of the mineral workings. Royalties are charged, and compensation must be paid if privately-owned minerals are licensed under the 1979 Act.
Examples of royalties and information on the taxation of minerals are included in: Fiscal Framework (2007). (pdf document)
There is public consultation before any Mining Leases or Licences are issued.
Two other main permits are required before a new mineral development can be started.
These are:
Planning Permission under the Planning and Developement Acts, and an Integrated Pollution Prevention and Control Licence for all but small developments of non-metallic minerals. An Environmental Impact Statement must accompany applications for developments involving the extraction of minerals under the Minerals Development Acts. The consent of the Minister for Communications, Energy and Natural Resources is also required to make a valid Planning Application for such minerals.