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MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969 - SECT 21

Disposal for nominal or no consideration in certain cases.

21.(1) Where

(a)the Ministry proposes to make any disposal of radioactive minerals, or any
disposition of any estate in, or rights to or in relation to, such minerals
thereof, to the Minister of Technology or the United Kingdom Atomic Energy
Authority for the purposes of his or their functions under the Atomic Energy
and Radioactive Substances Acts 1946 to 1959; or

(b)it appears to the Ministry, after due enquiry and investigation, that
minerals vested in the Ministry, of significant quantity or value, are
unlikely to exist in any land, and the Ministry proposes to make a disposition
of any estate in such minerals or any mines thereof to the owner of the land;
or

(c)the Ministry proposes to dispose of minerals worked under section 15, or to
grant a mining permission with respect to any mines and minerals, and it
appears to the Ministry that any consideration which might be obtainable
therefor would be insignificant or that any payments which would fall to be
made by the Ministry to other persons in consequence of the disposal or grant
would be too trifling to justify the expense of distribution; or

Para.(d) spent subject to subsection (6) of section 20 (so far as that
subsection is applicable) any such disposal or disposition may be made or any
such mining permission may be granted for no consideration or a nominal
consideration.

(2) Where the Ministry proposes

(a)to work any mines and minerals under section 15 in circumstances such that
the provisions of paragraph (a) or (c) of subsection (1) are likely to apply
to the disposal of the minerals gotten by such working, or

(b)to make a disposition such as is mentioned in paragraph (a), (b) or (d) of
that subsection,

(3) Where the Ministry proposes to make a disposition of any estate in mines
and minerals in any land in circumstances such as are mentioned in paragraph
(b) of subsection (1), it shall not be necessary for it to serve the notices
mentioned in section 20(3).

(4) In subsection (1)(a) "radioactive minerals" means minerals from which in
the opinion of the Minister of Technology any prescribed substance within the
meaning of the Atomic Energy Act 1946 can be obtained.

(5) Where a disposition of any estate in mines and minerals in any land is
made by the Ministry under subsection (1)(b), the disposition shall not
prejudice the rights of any person entitled to the whole or any part of the
percentage provided for in subsection (3) of section 13 of the
Irish Land Act 1903; and upon the disposition becoming operative the second
proviso to the said subsection (3) shall in its application to the land have
effect as if the reference therein to twenty-five per cent. of any rent,
purchase money or other net profit received by the Ministry upon a disposal of
mining rights by the Ministry were a reference to twenty-five per cent. of any
rent, purchase money or other net profit in respect of the mines and minerals
which is received by the owner of the land upon a disposal of any mining
rights by him.

Subs.(6) spent

(7) Where a disposition such as is mentioned in paragraph (b) or (d) of
subsection (1) is made in circumstances where that paragraph applies,
section 20(6) shall not apply but the Ministry may require the person to whom
the disposition is made to pay a reasonable sum towards the Ministry's costs
in connection with the disposition.

© 1969 Crown Copyright

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