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MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969 - SECT 57

General interpretation provisions.

57.(1) In this Act

"acquired mining facility" has the meaning assigned to it by section 23(3);

"the Act of 1959" has the meaning assigned to it by section 3;

Definition rep. by 1971 c.17 (NI) s.30 sch.4

"the compensation fund" has the meaning assigned to it by paragraph 4(2) of
Schedule 2;

"the first appointed day" means such day as the Minister may by order appoint
for the coming into operation of the provisions to which section 63(3)
applies;

"former vendors", in relation to any land, means the persons for the time
being entitled under the second proviso to section 13(3) of the
Irish Land Act 1903 to receive in respect of minerals in that land the
percentage provided for in that proviso;

"government department" means a department of the Government of Northern
Ireland and in sections 11(2), 22(3), 24(5) and 60 also includes a department
of the Government of the United Kingdom;

["historic monument" has the same meaning as in the Historic Monuments Act
(Northern Ireland) 1971;]

"Lands Tribunal" means the Lands Tribunal for Northern Ireland;

"local authority" means the council of a county or county borough or county
district;

"mining facilities order" has the meaning assigned to it by section 23(3);

"mining facilities permit" has the meaning assigned to it by section 26(3);

"mining lease" has the meaning assigned to it by section 17(1);

"mining licence" has the meaning assigned to it by section 18;

"mining permission" has the meaning assigned to it by section 19(1);

"notice" means notice in writing;

"the Minister" means the Minister of Commerce;

"the Ministry" has the meaning assigned to it by section 1;

"petroleum" has the same meaning as in the Petroleum (Production) Act
(Northern Ireland) 1964;

"prescribed" means prescribed by regulations;

"prospecting licence" has the meaning assigned to it by section 11(1)(b);

"public body" means any public authority, board, commissioners or public body
of any kind constituted by or under any transferred provision, whether of a
general or a special nature;

"regulations" means regulations made by the Ministry under this Act;

"rent" includes any periodical payment in the nature of rent;

"scheduled substances" has the meaning assigned to it by section 2;

"searching for", in relation to any mines and minerals, includes ascertaining
the character, extent or value of those mines and minerals;

"the second appointed day" means such day as the Minister may by order appoint
for the coming into operation of the provisions to which section 63(4)
applies; and, without prejudice to section 17(5) of the Interpretation Act
(Northern Ireland) 1954, different days may be so appointed for the purposes
of this Act, except Schedule 3, and for the purposes of the Petroleum
Production Act (Northern Ireland) 1964 as amended by Schedule 3;

"transferred provision" has the meaning assigned to it by section 1(g) of the
Interpretation Act (Northern Ireland) 1954;

"working", in relation to any mines and minerals, (without prejudice to
subsection (3)) includes searching for those mines and minerals, and in
relation to any minerals includes, digging, mining, getting, raising, taking,
carrying away, treating and converting those minerals.

(2) In this Act

(a)any reference to minerals in any land includes a reference to minerals on
or under the land;

(b)any reference to mines and minerals or an estate in mines and minerals
includes a reference to mines alone or an estate in mines alone, or, as the
circumstances may require, to minerals alone or an estate in minerals alone;

(c)any reference to mines and minerals vested in the Ministry (except a
reference to mines and minerals so vested by virtue of section 1(1)) includes
a reference to minerals the exclusive right of mining and taking and digging
and searching for which is vested in the Ministry by virtue of any
transferred provision, and to mines of such minerals;

(d)subject to section 35(3) any reference to mines and minerals vested in
the Ministry by virtue of section 1(1), or of this Act, includes a reference
to any mines and minerals with respect to which section 1(1) is deemed to have
had effect by virtue of section 9(1);

(e)any reference to the land to which a mining facilities order or proposed
order relates includes a reference to

(i)any land an estate in which is or is proposed to be acquired by such an
order, and

(ii)any land over which ancillary rights are or are proposed to be so
acquired.

(3) In relation to any cubic space underground formerly occupied by minerals,
references in this Act to working mines include references to utilising that
space for the storage of any substance without the intention to store
permanently; and, in relation to such a space, in section 56(3)

(a)any reference to minerals includes a reference to such a substance and any
reference to working minerals includes a reference to introducing such a
substance into, storing it in or removing it from that space;

(b)in paragraph (d) the references to the construction, operation and
maintaining of roads, railways or pipelines for the conveyance of minerals
from any mine include references to such construction, operation or
maintaining for the conveyance of any such substance to or from that space;
and

(c)in paragraph (e)(i) the reference to the storage of minerals gotten from
any mine includes a reference to the storage of any such substance before its
introduction into, or after its removal from, that space.

© 1969 Crown Copyright

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