MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969 - SECT 40 Restrictions on working minerals required for support.

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MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969 - SECT 40

Restrictions on working minerals required for support.

40.(1) Where, on application made by a person having an estate in any land who
is not entitled to support or sufficient support (whether vertical or lateral)
for any buildings or works erected or constructed, or intended to be erected
or constructed on or below the surface, the Lands Tribunal is satisfied that
it is not reasonably practicable to obtain a right to such support by private
arrangement, the Tribunal may, upon such terms as it thinks proper, make an
award imposing such prohibitions or restrictions on the working of minerals in
that land and the land adjacent thereto as it considers necessary to secure
sufficient support to the buildings or works.

(2) The restrictions may be either on the quantity or position of the minerals
to be worked, or on the methods of working or packing, or otherwise such as
may be necessary to secure adequate support to the buildings or works or to
prevent or minimise damage thereto.

(3) In considering what restrictions, if any, should be imposed under this
section regard shall be had to the value of the buildings or works or the cost
of repairing damage likely to be caused thereto by subsidence, as compared
with the value of the minerals, or to the importance of the erection or
construction or the preservation of the buildings or works as compared with
the importance, in the public interest, of the working of the minerals.

(4) The terms which may be imposed by an award under this section include
terms as to the payment of compensation by the applicant or the giving of
security therefor.

(5) For the purposes of this section, where any building or work is a national
monument to which section 25 of the Irish Church Act 1869 applies or [a
scheduled monument within the meaning of the Historic Monuments Act (Northern
Ireland) 1971 or is a historic monument which is the subject of a protection
order under the said Act of 1971 or is owned by or vested in, or is in the
guardianship of,] the Ministry of Finance or of a local authority,
the Ministry of Finance or the local authority, as the case may be, shall be
deemed to be a person entitled to make an application under this section.

(6) This section shall not prejudicially affect any right under the
Railways Clauses Consolidation Act 1845 ... (including that Act as applied,
with or without modifications, by any other transferred provision) or any
other transferred provision (including such a provision in a local or private
Act) of any railway company, local authority or public body to prohibit,
restrict or regulate the working of minerals for the preservation of support,
nor shall it confer on any such company, authority or body, except as provided
in subsection (5), a right to apply under this section for any prohibition or
restriction on the working of minerals.

Making of claims to the Ministry.

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Northern Irish Legislation

MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969 - SECT 40