MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969 - SECT 44 Provisions with respect to land subject to Land Purchase Annuity.

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MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969 - SECT 44

Provisions with respect to land subject to Land Purchase Annuity.

44.(1) This section applies where

(a)any consideration or compensation in respect of the acquisition of land or
ancillary rights is payable under this Act, or compensation for damage to land
is payable under section 38, and

(b)the land in respect of which the consideration or compensation is payable
is subject to an annuity under the Land Purchase Acts which is payable by the
person, or one of the persons, entitled to the consideration or compensation.

(2) Where the amount of the consideration or compensation is fixed by
agreement or any question with respect to that amount is referred to the
Lands Tribunal,

(a)the parties to the agreement, at least fourteen days before the payment of
the consideration or compensation in pursuance thereof, or

(b)the parties to the reference, at least fourteen days before the hearing
thereof,

(3) Where a notice is served on the Ministry of Finance under subsection (2),

(a)if that Ministry so requires in connection with an agreement, the person
liable to pay the consideration or compensation shall pay, or

(b)if that Ministry so requests the Lands Tribunal in connection with a
reference to the Tribunal, the Tribunal shall order the person liable to pay
the compensation to pay,

(4) Where any notice required to be served on the Ministry of Finance under
subsection (2) is not so served,

(a)where the amount of consideration or compensation is fixed by agreement,
the payment of the amount so fixed shall not operate as a good discharge to
the person paying that amount of his liability to pay the consideration or
compensation;

(b)where any question with respect to the amount of compensation is referred
to the Lands Tribunal, the Tribunal shall adjourn the hearing of the reference
until the requirements of that subsection have been complied with.

(5) The payment to the Ministry of Finance, by the person who is under a
liability to pay the consideration or compensation, of any moneys under
subsection (3) shall operate as a discharge of his liability to the extent of
the payment.

Power of Lands Tribunal to state consultative case for Court of Appeal.

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Northern Irish Legislation

MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969 - SECT 44