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MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969 - SECT 63

Short title and commencement.

63.(1) This Act may be cited as the Mineral Development Act (Northern Ireland)
1969.

(2) The following provisions of this Act, that is to say,

(a)the provisions of sections 1 to 10 and Schedule 1; sections 16 to 22 so far
as applicable for the purposes of any disposition to which paragraph (b) or
(d) of section 21(1) applies; sections 35, 36, 38, 39, 45 to 49, and 52 to 55;
section 56(1), except paragraph (c) thereof; sections 56(2) and 58 to 61;
section 62(1) so far as applicable to paragraphs 1 and 2 of Schedule 3, and
those paragraphs; section 62(2) and Schedule 4 to the extent that they repeal
section 8 of the Act of 1959; and this section, and

(b)so much of section 57 as is applicable for the interpretation of those
provisions,

(3) The remaining provisions of this Act, except those mentioned in subsection
(4), shall come into operation on the first appointed day.

(4) The provisions of this Act relating to the compulsory acquisition of land
or ancillary rights shall come into operation on the second appointed day.

(5) The provisions mentioned in subsection (4) do not include any provision of
Schedule 2 as applied and modified by section 42 or by virtue of paragraph 11
of Schedule 3.

(6) An order appointing the second appointed day shall not be made unless a
draft thereof has been approved by resolution of each House of Parliament.

1. Conglomerate; grit (or gritstone), sandstone, greywacke, siltstone,
mudstone, shale (excluding alum shale and oil shale), slate, limestone
(including chalk), dolomite; schist (all varieties except graphite schist),
gneiss; granite and porphyry (all varieties except decomposed granite in the
form of clay); rhyolite (except decomposed rhyolite in the form of clay);
aplite, syenite (and related rocks), basalt (and related rocks), picrite (and
related rocks).

2. Any superficial deposit of gravel or sand, whether of fluvioglacial, river
or marine origin.

3. All of the following of Quaternary Age, namely, boulder clay, laminated
clay, alluvial clay and silt.

4. All agricultural soil.

1.(1) The Ministry, where it proposes to acquire any land or any
ancillary rights by means of a mining facilities order, shall give public
notice of its intention to do so.

(2) A notice under sub-paragraph (1)

(a)shall state clearly the nature of the proposal and shall specify the land
which is proposed to be the subject of the acquisition or, as the case may be,
the ancillary rights;

(b)shall state the time (not being less than twenty-one days from the last
publication of the notice) within which objections to the proposal may be
presented to the Ministry;

(c)shall name a place or places (including at least one place in the locality
where the land is situated) where maps identifying the land are available for
inspection at all reasonable hours; and

(d)shall be published in two successive weeks in the Belfast Gazette and in
one or more than one newspaper circulating in the locality in which the land
is situated;

(i)where the notice is served on the Ministry of Finance in respect of land
subject to an annuity under the Land Purchase Acts, a recently certified copy
of the relevant Land Registry map showing in distinct colour the land to which
it relates; or

(ii)where the notice is served on any other person, a map or plan sufficient
to enable the person so served to identify the land concerned.

(3) Where the mining facilities order is proposed to contain any provisions
with respect to the damming or diverting of any river or watercourse or the
abstraction of water from, or the discharge of water on to any land, or the
deposit of spoil on any land, which appear to the Ministry to affect any water
or fishery authority, that authority shall, for the purposes of this paragraph
and paragraph 2, be deemed to be a person interested in the land.

(4) In this paragraph

"water authority" means any local authority supplying water under the Water
Supplies and Sewerage Act (Northern Ireland) 1945 or any statutory water
undertaking within the meaning of that Act;

"fishery authority" in relation to land any part of which is situated in the
Londonderry Area (as defined by the Foyle Fisheries Act (Northern Ireland)
1952) means the Foyle Fisheries Commission and in relation to land any part of
which is situated outside that Area means, or, as the case requires, also
includes, the Fisheries Conservancy Board for Northern Ireland.

2.(1) On the expiration of one month after the last publication of the notice
mentioned in paragraph 1, the Ministry, after considering

(a)all representations which have been presented to the Ministry by any
interested party; and

(b)where the mining facilities order is proposed to be made in consequence of
an application under section 26(5), any evidence adduced as to the
impracticability of the land or ancillary rights being acquired otherwise than
compulsorily for any of the reasons mentioned in paragraphs (a) to (d) of
section 14(3); and

(c)any other relevant business;

(i)make the mining facilities order, which may contain any modifications that
the Ministry thinks proper, vesting in the Ministry all or any part of the
land or ancillary rights; or

(ii)determine not to make the order.

(2) If a local inquiry is held as aforesaid, the Ministry and any person
interested in the land, and such other persons as the person holding the
inquiry thinks fit in his discretion to allow, shall be permitted to appear,
in person or by a representative, and to be heard at the inquiry, and, before
making the order, the Ministry shall consider the report of the person who
held the inquiry.

(3) Where the Ministry determines not to make a mining facilities order, it
shall publish notice of the determination in the Belfast Gazette and in the
newspapers in which the notice of the proposal to make the order appeared.

(4) A mining facilities order shall contain such provisions as the Ministry
thinks necessary or expedient for carrying it into effect.

3.(1) The following provisions of this paragraph shall have effect with
respect to the validity of a mining facilities order and the date on which
such an order is to come into operation, that is to say:

(a)as soon as may be after a mining facilities order has been made,
the Ministry shall publish a notice in the Belfast Gazette and in the
newspapers in which notice of the proposal to make the order appeared, stating
that the mining facilities order has been made, indicating the modifications,
if any, that have been made in the order, inviting claims for compensation
from persons entitled thereto within a period of one year from the date of
publication of that notice and naming a place where a copy of the order and of
any map or plan referred to therein may be seen at all reasonable hours, and
shall serve a like notice on every person who appears to the Ministry to have
an interest in the land to which the order relates;

(b)if any person aggrieved by a mining facilities order desires to question
its validity on the ground that it is not within the powers conferred on
the Ministry by this Act or that the procedure specified in this Schedule has
not been complied with, he may, within one month after the publication of the
notice of the making of the mining facilities order, make an application for
the purpose to the High Court in accordance with rules of court, and where any
such application is duly made the court

(i)may by interim order suspend the operation of the mining facilities order,
either generally or in so far as it affects any property of the applicant,
until the final determination of the proceedings; and

(ii)if satisfied upon the hearing of the application that the
mining facilities order is not within the powers conferred by this Act, or
that the interests of the applicant have been substantially prejudiced by any
requirement of this Schedule not having been complied with, may quash the
mining facilities order either generally or in so far as it affects any
property of the applicant;

(c)subject to head (b), a mining facilities order or the making of such an
order shall not be questioned in any legal proceedings whatsoever, and a
mining facilities order shall become operative

(i)at the expiration of a period of one month from the date on which the
notice of the making thereof is published in accordance with the provisions of
head (a); or

(ii)on the date of the dismissal by the High Court of any application made
with respect to the order under head (b);

(c)whichever is the later;

(d)as soon as may be after a mining facilities order has become operative
the Ministry shall serve on every person appearing to the Ministry to have an
interest in the land to which the mining facilities order relates either a
copy of the order or a notice stating that the order has become operative and
naming a place where a copy of the order and of any map or plan referred to
therein may be seen at all reasonable hours and may be obtained free of charge
upon written request made by or on behalf of any person having an interest in
the land.

(2) Where the Ministry is satisfied that good reasons exist for the failure of
any person to submit a claim for compensation within the period mentioned in
sub-paragraph (1)(a), his claim may be accepted after the expiration of that
period.

4.(1) Subject to sub-paragraph (3), a mining facilities order shall operate,
without further assurance "to vest in the Ministry" as from the date on which
the order becomes operative (in this Schedule referred to as "the date of
vesting"), for such period, if any, as may be mentioned in the order, such
estate in, to or over the land to which it relates as is therein specified,
discharged from all claims or estates whatsoever (except as is specified in
the order), or (if the case so requires) such ancillary rights as the order
specifies, discharged from all such claims or estates as aforesaid.

(2) To the extent to which compensation may be payable in accordance with the
provisions of this Schedule and is not paid out of any sum such as is
mentioned in section 27(b)(ii), as from the date of vesting the rights and
claims of all persons in respect of any land acquired by the
mining facilities order or in respect of the acquisition of ancillary rights
over any land to which the order relates shall be transferred and attached to
the Consolidated Fund, and shall be discharged by payments made by
the Ministry; and in this Act the expression "compensation fund" means the
Consolidated Fund.

(3) Where a mining facilities order relates to land the ownership of which is
registered under the Local Registration of Title (Ireland) Act 1891,
the Ministry, before lodging the order with the registering authority under
that Act, shall endorse upon the order the date on which it would have become
operative were it not for the provisions of this sub-paragraph, and in
relation to such land the date of vesting shall, notwithstanding anything in
sub-paragraph (1), be the date on which the order is so lodged and that
sub-paragraph shall have effect accordingly.

5. A mining facilities order, or the title created by such an order (if it
relates to land the ownership of which is registered as aforesaid), shall
forthwith upon lodgment of the order, be registered in the proper office for
the registration of deeds or titles, as the case requires.

6. Where a mining facilities order relates to any land forming part of a
holding which is subject to the future payment of an annuity under the Land
Purchase Acts, it shall not be necessary for any consent or authority for the
sub-division of the holding to be given under any provision of those Acts,
other than the consent of the Ministry of Finance to any apportionment of the
annuity.

7. Subject to the provisions of section 47, on and after the date of vesting
the Ministry or any person authorised by the Ministry may enter upon and use
the land, or exercise the ancillary rights, to which the
mining facilities order relates.

8.(1) Section 92 of the Lands Clauses Consolidation Act 1845 shall not have
effect in relation to any acquisition of land by means of a
mining facilities order.

(2) Where a mining facilities order applies to part only of a house, building
or factory, a person having an estate in the whole thereof may, within six
weeks after the date on which the order becomes operative, serve a notice on
the Ministry, requiring the Ministry to acquire the remainder thereof.

(3) Where a notice is served on the Ministry under sub-paragraph (2)
the Ministry shall acquire the remainder of the house, building or factory
unless the Lands Tribunal determines that the acquisition of the part thereof
acquired by means of the mining facilities order has not caused material
detriment to the house, building or factory.

(4) Where the Ministry acquires the remainder of a house, building or factory
in pursuance of sub-paragraph (3), any question as to the amount payable in
respect thereof shall be determined as if that remainder had been acquired by
means of a mining facilities order.

9.(1) As soon as a mining facilities order has become operative, any question
of disputed compensation arising between the Ministry and any person who has
an estate in any land to which the order relates or would have such an estate
if the order had not become operative shall be referred to and determined by
the Lands Tribunal.

(2) Where the person entitled to compensation under this Schedule is not known
or cannot be found or neglects or refuses to produce his title or to claim the
compensation, or where a person claiming compensation is not absolutely
entitled to the compensation or is under any disability, the Ministry may
refer to the Lands Tribunal any question in connection with the compensation
and that question shall be deemed to be a question of disputed compensation
for the purposes of this Schedule.

(3) Where a mining facilities order relates to lands forming part of a holding
which is subject to the payment of an annuity under the Land Purchase Acts,
and the Ministry of Finance notifies the Ministry of its intention to bring
before the Lands Tribunal any question with respect to the apportionment or
redemption of the annuity, that question shall be deemed to be a dispute
between the Ministry of Finance and any person claiming compensation in
relation to the lands and the provisions of this Schedule shall apply as they
apply to a question of disputed compensation.

(4) Any question arising as to the existence of good reasons such as are
mentioned in paragraph 3(2), where the Ministry has not accepted a late claim,
shall also, in default of agreement, be referred to and determined by the
Lands Tribunal.

10. When any question of disputed compensation arises, the Ministry shall as
soon as practicable thereafter cause to be made out such maps and schedules as
may be prescribed of any lands to which the mining facilities order relates
and of any other lands held therewith which, it is claimed, may be injuriously
affected by the exercise of powers conferred on the Ministry by, or on any
holder of a mining facilities permit under, this Act (in this Schedule
referred to as "the scheduled lands"), together with the names, so far as they
can be reasonably ascertained, of all persons who immediately prior to the
making of the order were interested in the lands as owners or reputed owners,
lessees or reputed lessees, or occupiers, and the Ministry shall deliver to
the appropriate officer of the Lands Tribunal one copy of each of the maps and
schedules certified by the Ministry as correct and shall publish once in each
of three successive weeks in one or more than one newspaper circulating in the
locality in which the lands are situated a notice stating that such documents
have been delivered and the times and place at which copies of them may be
inspected by any person desiring to inspect them.

11.(1) The Lands Tribunal shall have the same power of apportioning any
rent-service, rent-charge, chief or other rent, payment or incumbrance as two
justices have under the Lands Clauses Consolidation Act 1845.

(2) Subject to the provisions of paragraph 14, the amount of compensation to
be paid in pursuance of section 124 of the
Lands Clauses Consolidation Act 1845 in respect of any estate in any of
the scheduled lands which the Ministry has through mistake or inadvertence
failed or omitted duly to make compensation for, shall be awarded by the
Lands Tribunal and paid in like manner, as nearly as may be, as the same would
have been awarded and paid if the claim of such estate had been delivered to
the Lands Tribunal before the day fixed for the delivery of statements of
claim.

(3) Section 14(1) of the Lands Tribunal and Compensation Act (Northern
Ireland) 1964, in its application for the purpose of estimating the
compensation to be paid under this Schedule in respect of the compulsory
acquisition of land or ancillary rights, shall have effect as if after the
words "powers conferred on the acquiring authority by" there were inserted the
words ", or on any other person by that authority under,".

(4) In determining the amount of any disputed compensation, the Lands Tribunal
shall have regard to the extent to which any remaining and contiguous lands,
belonging to the same proprietor, may be benefited by any proposed work or any
proposed use of land for which the land, or any ancillary right, to which the
mining facilities order relates is acquired by the Ministry.

(5) In determining the amount of any disputed compensation, the Lands Tribunal
shall not award any sum of money for or in respect of any improvement or
alteration made, or building erected, after the date of the giving by
the Ministry of notice of its intention to acquire the land or
ancillary rights compulsorily if, in the opinion of the Lands Tribunal, the
improvement, alteration, or building in respect of which the claim is made was
made or erected with a view to obtaining or increasing compensation; nor, in
respect of any estate created after the said date in any land to which the
order relates, shall any sum or money be awarded so as to increase the total
amount of compensation which would otherwise have been required to be paid in
respect of the acquisition of the land or any ancillary rights in relation
thereto.

12.(1) The Ministry, on paying to any person any compensation (whether the
amount thereof has been settled by agreement or determined by the
Lands Tribunal), shall obtain from that person a receipt in such form as may
be specified by the Ministry, which shall be prepared by and executed at the
cost of the Ministry; and

(a)where the compensation is payable by way of a lump sum, or

(b)where the compensation is payable by instalments and the payment being made
is the final instalment thereof,

(2) The Ministry shall pay the costs reasonably incurred by any person
claiming compensation, to whom compensation is found due, of furnishing any
statement, abstract or other evidence of title required by the Ministry to be
furnished by him.

13.(1) Where the compensation payable (whether the amount thereof has been
settled by agreement or determined by the Lands Tribunal) to any person does
not exceed the sum of one hundred pounds, and the claimant makes a statutory
declaration in such form as may be specified by the Ministry stating whether
he claims as absolute or as limited owner, and gives prima facie evidence
which satisfies the Ministry that for not less than six years immediately
preceding he, or his immediate predecessor in title, has been personally or by
an agent in receipt of the rents or profits, or in actual occupation, of the
land in relation to which compensation is payable, the Ministry may pay to the
person claiming as absolute owner the compensation payable for the interest in
respect of which he claims, and, where a person claims as limited owner of any
interest, the Ministry may pay the compensation payable for that interest to
the trustees of the settlement under which the limited owner claims.

(2) Where any compensation not exceeding the sum of one hundred pounds is
payable in respect of an estate which is subject to any mortgage or charge
(not being a charge consisting of an annuity under the Land Purchase Acts),
the compensation may be paid to the person entitled to the mortgage or charge,
or, if there is more than one such mortgage or charge, then the person
entitled to the mortgage or charge which is first in priority, and the amount
so paid shall be received in reduction of the principal sum for the time being
owing in respect of the mortgage or charge, notwithstanding any direction,
proviso or covenant to the contrary contained in any instrument; and where the
compensation is paid to a mortgagee or chargeant, the receipt given by the
mortgagee or chargeant shall release the compensation fund from all claims by
him and any subsequent mortgagee or chargeant, and also from all claims by the
person creating the mortgage or charge and all persons claiming through or
under that person.

(3) A memorandum of the amount paid under sub-paragraph (2) shall, when
practicable, be endorsed on the instrument creating the mortgage or charge,
and shall be signed by the person receiving the compensation, and a copy of
the memorandum shall be furnished by the Ministry at its expense to all
persons appearing to the Ministry to be entitled to any estate in the land
subject to the mortgage or charge.

14. Any person claiming to be entitled to any money paid to another person
pursuant to the foregoing provisions of this Schedule otherwise than in
accordance with an award of the Lands Tribunal may, within six years after the
payment has been made, apply for relief to the Lands Tribunal; and the
Tribunal may either dismiss the application or make an award against
the Ministry for the amount found due in respect of the claim, and any sum so
awarded shall be a debt recoverable summarily by the Ministry from the person
to whom the money was paid by it, arising at the date of the award.

15.(1) Where the amount of compensation which is payable in respect of any
land to which a mining facilities order relates has been determined but for
some reason it is not possible for the Ministry to obtain a good discharge
therefor,

(a)if the total amount of the compensation, or, where the compensation is
payable by instalments, the first instalment thereof, is or exceeds two
hundred pounds but does not exceed one thousand pounds, the Ministry shall pay
the money into the county court;

(b)if the total amount of the compensation or, where the compensation is
payable by instalments, the first instalment thereof, exceeds one thousand
pounds, the Ministry shall pay the money into the High Court;

(c)if the compensation is payable by instalments and the amount of the first
instalment is less than two hundred pounds, the provisions of head (a) shall
apply to that and any subsequent instalments when the amount of those
instalments aggregates two hundred pounds;

(2) Money paid into the county court or, as the case may be, the High Court
under sub-paragraph (1) shall, subject to county court rules or rules of
court, be dealt with according to the orders of the court.

(3) The payment of the compensation in the manner provided by sub-paragraph
(1) shall operate to discharge the compensation fund from all claims and
interests in respect of which the compensation is payable.

16.(1) The Ministry shall pay interest upon the compensation money from the
date of the vesting of the land or ancillary rights in respect of which, or in
consequence of the acquisition of which, the compensation is payable, or,
where the compensation is payable by instalments, upon each instalment from
the expiration of one month after the date when the instalment falls due,
until the time of the payment of the money and interest to the party entitled
thereto, or, where such compensation is paid into court, then until the sum
with such interest is paid into court accordingly.

(2) The rate of interest payable under this paragraph shall be such rate as
may be determined by the Ministry of Finance.

17. In this Schedule "instalment" includes any rent or other periodical
payment.

Schedule 3Amendments. Schedule 4Repeals



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