Apply for a State Mining Facility

A mine for a scheduled mineral in Ireland is subject to obtaining three separate State authorisations:

• planning permission from the relevant local authority (please note that consent of the Minister is required to make a valid Planning Application for such minerals)
• an integrated pollution control (IPC) or industrial emissions (IE) licence from the Environmental Protection Agency
• State Mining Licence / Lease / Permission from the Minister of this Department

All mining for scheduled minerals requires either:

• a State Mining Lease under the Minerals Development Act 1940-1999 for minerals in State ownership, or
• a State Mining Licence under the 1979 act for privately owned minerals, both of which are issued by the Minister for the Environment, Climate and Communications.

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. These three permits are collectively referred to as State Mining Facilities (SMF).

Applicants must hold a valid Prospecting Licence or existing SMF over the area of interest to commence mining.

The application fee is charged as set out in S.I. No. 259 of 1996 - Minerals Development Regulations, 1996. Support information will vary with each application; therefore applicants are advised to consult with this department.

SMFs are negotiated on a case-by-case basis as required by Section 26 of the Minerals Development Act 1940 - 1999, which also applies to Licences under the Minerals Development Act 1979 (see Section 17 of the 1979 Act).

Conditions include:

• adherence to best practice
• ensuring full extraction of the minerals
• prevention of subsidence
• proper rehabilitation of the mineral workings and financial terms including royalties

Compensation must be paid to private mineral owners where working such minerals is licensed under the 1979 Act.

Before a SMF is issued, applicants must include a detailed, costed closure plan. The costs associated with closing down and rehabilitating a mine must be covered by the operator of the mine, taking into account any long-term, residual, active or passive care which might be necessary, including monitoring and inspection.

These detailed closure plans guarantee that the mine and the tailings management facility (TMF) site are left in an acceptable condition protecting public health and safety, minimising the risk of contamination and, where possible, allowing for the productive use of the land or creating a stable environment.

Intent to apply

Prior to applying for an SMF, please provide the GSRO with advanced notification of the intention to apply. This notification must be sent via email to gsro@decc.gov.ie marked in the subject line “Intent to Apply for State Mining Facility - For the attention of GSRO Licensing Team”.

Application

The application procedure requires the applicant to:

1. Complete the SMF application form, and return to the GSRO gsro@decc.gov.ie

2. Pay the appropriate application fee according to Appendix 1-Application Fees (in SMF application form) and provide proof of payment

3. Provide the information requested in Appendix 2 - Information to be submitted with a State Mining Facility Application (in SMF application form).

Support information will vary with each application; therefore, applicants should consult with GSRO in advance of making an application.

Examples of royalties and information on the taxation of minerals are included in: