MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969 - SECT 54 Repayment of grants, etc., in certain cases.

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MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969 - SECT 54

Repayment of grants, etc., in certain cases.

54.(1) Where any grant or other sum has been paid by a government department
to any local authority, public body or educational institution in connection
with

(a)land which or any part of which is, or ancillary rights over which or any
part of which are, acquired under section 23; or

(b)land which is or forms part of land which has suffered damage for which
compensation is recoverable under section 38; or

(c)land which is damaged by the working of mines and minerals (other than
scheduled substances) therein which are the property of any such institution;

(2) The amount determined to be payable under subsection (1) shall not exceed
the amount by which the consideration or compensation payable in respect of
the land or ancillary rights or the compensation recoverable for the damage
or, as the case may be, the consideration payable to the institution in
contemplation of the damage exceeds the consideration or compensation, if any,
which would have been so payable or recoverable if the amount of the grant or
other sum had not been expended in connection with acquiring or laying out the
land or erecting buildings or executing works thereon; and where the
consideration or compensation is payable otherwise than in the form of a lump
sum, the amount for the time being recoverable from any person by virtue of a
determination under subsection (1) shall not exceed the amount for the time
being receivable by that person on account of the consideration or
compensation.

(3) Any question arising as to the amount secondly mentioned in subsection (2)
shall, in default of agreement, be referred to and determined by the
Lands Tribunal.

(4) Any amount which is payable to a government department under subsection
(1) shall be recoverable summarily by that department as a debt.

(5) Without prejudice to subsection (4), on the application of a
government department to whom any amount is payable by virtue of subsection
(1), the Ministry before paying any consideration or compensation for land or
ancillary rights, or compensation under section 38, may deduct, or the
Lands Tribunal on awarding any such compensation may order the deduction,
therefrom of that amount, and the payment to that department of that amount
shall operate as a discharge of the Ministry's liability or, as the case may
be, the compensation fund to the extent of the payment.

(6) Without prejudice to subsection (4) or (5), any amount which is payable to
a government department under subsection (1) may be recovered by deduction
from any grant or other sum payable out of moneys provided by Parliament or by
any government department to the person from whom the amount is due, and that
grant or other sum shall be abated accordingly.

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Northern Irish Legislation

MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969 - SECT 54