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Mineral Development Act (Northern Ireland) 1969

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47F1Entry on land.F2N.I.

(1)Where the Ministry or any other person intends to enter on or into any land in the exercise of any right conferred—

(a)by or under section 11(1) or section 22(1) or (2), or

(b)by a mining facilities order or a mining facilities permit,

the Ministry or, as the case may be, that other person shall serve on the occupier of the land and on the owner, if the owner is known,—

(i)at least three days notice of the intention, where the entry is for the purpose of any prospecting operations which do not involve the breaking of ground to a depth of more than one foot;

(ii)at least fourteen days notice of the intention, where the entry is for the purpose of any prospecting operations which involve the breaking of ground to a depth of more than one foot;

(iii)at least four weeks notice of the intention in any other case,

or such lesser notice as may be agreed upon between the person intending to enter and the occupier or, as the case may be, the owner.

(2)In this section “prospecting operations” means—

(a)any operations authorised by or under section 11(1), or

(b)any operations proposed to be conducted in the exercise of ancillary rights acquired under section 23(2) or authorised to be used by a mining facilities permit granted under section 26(2).

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