All mining for scheduled minerals requires either a Lease under the Minerals Development Act 1940 for minerals in State ownership, or a Licence under the 1979 Act for privately owned minerals, both are issued by the Minister.
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. 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 in question 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 the Exploration and Mining division.
SMFs 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).Conditions include adherence to best practice, ensuring full extraction of the minerals, prevention of subsidence, and 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.