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MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969 - SECT 35



35.(1) Subject to subsections (3) to (5), where under a disposition made
before 31st July 1969 any mines and minerals vested in the Ministry by virtue
of subsection (1) of section 1 were immediately before the commencement of
that section held by any person subject to a dead rent or other fixed annual
payment, compensation for the loss of that rent or payment (or, where the rent
or payment was attributable in part to mines and minerals so vested, for the
loss of the part so attributable) shall be payable by the Ministry to the
person who was entitled to receive that rent or payment.

(2) The provisions of sections 29 to 34 shall not apply to the payment of
compensation under this section, and accordingly any such compensation may
take the form of a lump sum payment or such other form as may be agreed or as
may be determined by the Lands Tribunal.

(3) The foregoing provisions of this section shall not confer a right to
compensation for the loss of any dead rent or other payment which was payable
in respect of mines and minerals with respect to which section 1(1) is deemed
to have had effect by virtue of section 9(1).

(4) If any disposition of an estate in, or rights to or in relation to, mines
and minerals held as mentioned in subsection (1) is made to any person for no
consideration or a nominal consideration in exercise of the power conferred by
paragraph (d) of section 21(1), no compensation shall be payable under this
section to that person, or any other person such as is mentioned in that
paragraph, after the making of the disposition.

(5) Where compensation in respect of mines and minerals has been paid to any
person under section 29, any compensation which would otherwise be payable to
him under this section shall be reduced by the amount of the first-mentioned
compensation or such lesser amount, if any, as may be appropriate.


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© 1969 Crown Copyright

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