Smelting Act, 1968
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —In this Act—
“the Minister” means the Minister for Industry and Commerce;
“smelting” includes extracting metal by a pyrometallurgical, chemical, leaching or electrolytic process and cognate words shall be construed accordingly;
“smelting licence” means a licence granted under section 3 of this Act.
num: 2
paragraphs: —(1) The smelting of ore or ore concentrates by way of trade or for the purposes of gain is hereby prohibited save under and in accordance with a smelting licence.
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on conviction on indictment to a fine not exceeding five thousand pounds and, in the case of a continuing offence, to a further fine not exceeding five hundred pounds for each day during which the offence is continued.
num: 3
paragraphs: —(1) On the application of a person made in such form and containing such particulars as the Minister may direct, the Minister may, at his discretion, grant or refuse to grant a licence (in this Act referred to as a smelting licence) to the person authorising the person to smelt ore and ore concentrates by way of trade and for the purposes of gain.
(2) The Minister may, at the time of the granting of a smelting licence, attach to the licence such conditions as he shall think proper and shall specify in the licence.
(3) A smelting licence shall be in such form as the Minister may direct and shall operate to authorise the person who is for the time being the holder of the licence to smelt ore and ore concentrates by way of trade and for the purposes of gain.
(4) The Minister may, if he so thinks fit, on the application of the holder of a smelting licence, amend or revoke any conditions attached to the licence.
num: 4
paragraphs: —A holder of a smelting licence may, with the consent of the Minister, transfer the licence to another person and the transfer shall be effected by the substitution by the Minister upon the licence of the name of and such other particulars relating to the other person as the Minister may think fit for the name of and any other particulars on the licence relating to such holder.
num: 5
paragraphs: —If a holder of a smelting licence—
(a) fails, neglects or refuses to comply with a condition attached to the licence relating to the provision or commencement of operation of a smelter of ore or ore concentrates and such failure, neglect or refusal continues for a period of not less than six months after the Minister has requested the holder of the licence in writing to comply with the condition, or
(b) requests the Minister to revoke the licence,
the Minister may revoke the licence.
num: 6
paragraphs: —If a holder of a smelting licence fails, neglects or refuses to comply with a condition attached to the licence, he shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding one hundred pounds, or
(b) on conviction on indictment, to a fine not exceeding one thousand pounds, and, in the case of a continuing offence, to a further fine not exceeding five hundred pounds for each day during which the offence is continued.
num: 7
paragraphs: —A person who, for the purpose of obtaining for himself or any other person a smelting licence, makes a statement or representation which is to his knowledge false or misleading in a material respect shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or on conviction on indictment to a fine not exceeding one thousand pounds.
num: 8
paragraphs: —Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons, and is proved to have been so committed with the consent or approval of, or to have been facilitated by any default on the part of any person being, in the case of a body corporate, a director thereof, or, in the case of an unincorporated body, a member of the committee of management or other controlling authority thereof, that person shall also be guilty of the offence.
num: 9
paragraphs: —The expenses incurred by the Minister in the administration of this Act shall to such extent as may be sanctioned by the Minister for Finance be paid out of moneys provided by the Oireachtas.
num: 10
paragraphs: —This Act may be cited as the Smelting Act, 1968.