MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969

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MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969 - SECT 29



29.(1) Without prejudice to the provisions of section 35, compensation shall
be payable by the Ministry in accordance with the succeeding provisions of
this section, and not otherwise, in respect of mines and minerals vested in
the Ministry by virtue of section 1(1).

(2) Compensation shall be payable under this section in any of the following
events, that is to say,

(a)on the sale by the Ministry of an estate in any such mines and minerals, or

(b)on the grant by the Ministry of a mining lease, mining licence or
mining permission with respect to any such mines and minerals, or

(c)on the disposal by the Ministry of any such minerals which have been worked
by the Ministry under section 15,

(3) Subject to subsections (4) and (5) compensation under this section in
respect of mines and minerals of any description in any land

(a)where the Ministry sells an estate in the mines and minerals, shall be in
the form of a sum equivalent to so much of the net profits accruing from the
sale as is attributable to the mines and minerals of that description in that
land;

(b)where the Ministry grants a mining lease, mining licence or
mining permission, shall be in the form of sums equivalent to so much of the
net amount of any fine, rent or royalties thereunder as is attributable to the
mines and minerals of that description in that land; and

(c)where minerals worked by the Ministry are disposed of by the Ministry,
shall be in the form of sums equivalent to the sums which would have been
payable under paragraph (b) if the minerals had been worked by a lessee under
a mining lease.

(4) Where the payments made by the lessee under a mining lease are stated in
the lease to be fixed at a reduced amount in consideration of any advantages
such as are mentioned in section 17(3),

(a)subsection (3)(b) shall have effect as if the reference therein to the net
amount of any fine, rent or royalties under the lease were a reference to the
amount which would have taken the place of that net amount if the payments had
not been so fixed, and

(b)accordingly, subsection (2) shall not have effect so as to restrict the
fund out of which compensation is payable to the net profits accruing to
the Ministry in consequence of the grant of the lease,

(5) Where any compensation has been paid under the succeeding provisions of
this Act for the loss of any dead rent or other fixed annual payment which was
payable in respect of mines and minerals vested in the Ministry by virtue of
section 1(1), any compensation which would otherwise be payable under this
section in respect of those mines and minerals shall be reduced by the amount
of the first-mentioned compensation or such lesser amount, if any, as may be
appropriate.

(6) In this section any reference to the net profits, or the net amount of any
fine, rent or royalties, accruing to the Ministry in consequence of any event
is a reference to the amount of any profit, fine, rent or royalty so accruing
less all costs and expenses incurred by the Ministry in connection with or in
consequence of that event (which may include so much of the administrative
expenses of the Ministry as are apportionable to that event); and for the
puposes of this subsection a certificate of the Ministry as to the amount of
those costs and expenses shall be prima facie evidence thereof.

(7) The costs and expenses referred to in subsection (6) do not include

(a)any costs such as are mentioned in subsection (6) of section 20 to the
extent that they are defrayed by sums paid under that subsection;

(b)any costs in connection with a claim for compensation under this section
which are directed by the Lands Tribunal to be paid by the Ministry; or

(c)any costs which are paid by the Ministry by virtue of paragraph 12(2) of
Schedule 2 as applied by section 42.

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Northern Irish Legislation

MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969 - SECT 29