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MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969 - SECT 55

Meaning of ""stone, gravel, sand or clay'' in s.13(3) of the Irish Land Act 1903.

55.(1) Subject to subsection (2), the reference in paragraph (c) of the first
proviso to section 13(3) of the Irish Land Act 1903 to any stone, gravel, sand
or clay shall be construed as referring only to the scheduled substances, and
accordingly where immediately before the commencement of this section any
rights to or in relation to scheduled substances of any description or mines
of such substances in any land (other than land in the ownership of
the Ministry) were vested in the Ministry by virtue of section 6 of, and
Schedule 1 to, the Act of 1959, those rights shall, by virtue of this
subsection and without further assurance, vest in the persons owning that land
for the like estates as those persons may at the commencement of this section
have in that land.

(2) Except as is provided in subsection (3), nothing in subsection (1) shall
affect any disposition of rights to or in relation to scheduled substances of
any description, or mines of such substances, in any land where the
disposition was made by the Irish Land Commission, the Land Purchase
Commission, Northern Ireland, the Ministry of Finance or the Ministry before
the commencement of this section.

(3) Where a disposition to which subsection (2) applies was in force in
relation to scheduled substances of any description in any land immediately
before the commencement of this section and continues in force thereafter, it
shall from that commencement, subject to subsection (4), have effect as if it
had been made by the persons who are the owners of the land, and accordingly,

(a)subsection (1) to the extent that it would operate, but for the provisions
of subsection (2), to vest any rights to or in relation to substances of that
description, or mines of such substances, in any person shall so operate
subject to the terms and conditions of the disposition and the provisions of
subsection (4);

(b)except for the purposes of subsection (4), the rights or obligations of
the Ministry under or in consequence of the disposition shall be enforceable
by or against the persons owning the land according to their respective
estates and not by or against the Ministry;

(c)subject to paragraph (b), the rights or obligations of any other party to
the disposition shall continue to be enforceable by or against that party;

(i)to enforce any rights under the disposition until they have produced to the
other party evidence of their title, or

(ii)to receive any rent, royalties or other sums under the disposition except
on demand.

(4) Notwithstanding anything in subsection (3), the person entitled to the
benefit of a disposition to which that subsection applies shall continue to
pay to the Ministry an amount equal to twenty-five per cent. of any rent,
royalties or other sums which would have been so payable under the disposition
if this section had not been passed, and

(a)the payment of that amount in accordance with this subsection shall
discharge that person from his obligation, by virtue of subsection (3), to pay
to any other person so much of such rent, royalties or other sums as is
equivalent to that amount;

(b)03the payment of that amount under paragraph (b) shall be in lieu of and
shall operate to discharge all liability of the Ministry on foot of the
percentage required by the second proviso to section 13(3) of the
Irish Land Act 1903 to be paid to those former vendors.


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© 1969 Crown Copyright

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