PART VII.

Compensation.

57. —In this Part of this Act—

the word “compensation”, when used without qualification, includes all kinds of compensation payable under this Act;

the expression “compensation in respect of land” includes compensation for damage under Part II, compensation for damage under Part III, compensation for damage under Part IV, and compensation for mining facilities, or any such compensation, and references to “land” include references to ancillary rights, unless the context otherwise requires.

58. —(1) The amount of compensation shall, in default of agreement, be determined by the Board in accordance with the provisions of this Part of this Act.

(2) Where compensation is payable by the Minister under this Act, the Minister shall not enter into any agreement fixing the amount thereof without the consent of the Minister for Finance.

59. —(1) Where compensation in respect of land is payable, the following persons, namely—

(a) the Minister,

(b) if the land which is the subject of such compensation is subject to a land purchase annuity, the Land Commission,

(c) any person claiming to be entitled to such compensation, may apply to the Board to determine the amount of such compensation.

(2) Subject to the provisions of this Part of this Act, the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, shall apply to the determination of the amount of compensation in respect of land.

60. —Where the amount of compensation in respect of land is fixed by agreement, and the land in respect of which such compensation is payable is subject to a land purchase annuity, the following provisions shall have effect, that is to say:—

(a) the Land Commission shall be a party to such agreement;

(b) such compensation or so much thereof as is payable under such agreement to the Land Commission shall, when received by them, be applied by them in accordance with the following provisions, that is to say:—

(i) in case there are any arrears of such annuity and the amount so payable to the Land Commission (in this paragraph referred to as the said amount) does not exceed such arrears, in or towards discharge of such arrears,

(ii) in case there are any arrears of such annuity and the said amount exceeds such arrears—

(I) so much of the said amount as is equal to such arrears shall be applied in discharge of such arrears, and

(II) the balance of the said amount shall be applied in or towards redemption of such annuity,

(iii) in case there are no arrears of such annuity, in or towards redemption of such annuity;

(c) if the Land Commission is not a party to such agreement, the payment of the amount of the compensation fixed thereby shall not operate as a good discharge to the person paying the same of his liability to pay such compensation.

61. —(1) As soon as may be after the expiration of a period of two months or such later period (not exceeding altogether twelve months) as the Minister may in any particular case allow from the date of publication in the Iris Oifigiúil of any minerals acquisition order, the Minister shall, in default of agreement, apply to the Board to determine the amount of compensation payable by him for the State acquired minerals acquired by such order.

(2) Every application to the Board by the Minister in respect of compensation for State acquired minerals under this section, shall be accompanied by the following documents, that is to say:—

(a) sufficient copies of the relevant minerals acquisition order;

(b) a statement containing particulars of any claims for such compensation lodged with the Minister under Part III of this Act;

(c) if any correspondence has occurred between the Minister and any claimant to such compensation in regard to the amount thereof, copies of such correspondence.

(3) Every application to determine the amount of compensation for State acquired minerals shall be heard by the Board sitting in public and, unless the Board otherwise directs, not more than one expert witness shall be allowed on behalf of each party appearing before the Board.

62. —Where compensation under Part VI is payable, any of the following persons, that is to say:—

(a) any person claiming to be entitled to such compensation, or

(b) any person by whom such compensation is payable, or

(c) the Minister,

may apply to the Board to determine the amount of such compensation.

63. —Whenever an application is made to the Board by any person, other than the Minister or the Land Commission, to determine compensation under this Act, such person shall pay to the Board in respect of such application, such fee as the Minister, with the sanction of the Minister for Finance, shall prescribe.

64. —On the hearing of any application for compensation, the following persons, and no others, shall be entitled to appear, be heard and adduce evidence before the Board, that is to say:—

(a) the Minister;

(b) any person claiming to be entitled to such compensation;

(c) any person claiming to have an estate or interest in the minerals or land in respect of which such compensation is claimed;

(d) where compensation in respect of land is claimed, any person claiming an interest in such land;

(e) where compensation in respect of land is claimed and such land is subject to a land purchase annuity, the Land Commission;

(f) any person liable under the provisions of this Act to pay such compensation.

65. —(1) The Board shall inquire into every application under this Part of this Act and shall, after such inquiry, make its award thereon.

(2) Every award (in this Part of this Act referred to as an award) made by the Board shall contain the following matters—

(a) a statement of the nature and amount of the compensation to be paid (if any);

(b) the name of the person by whom payment is to be made;

(c) the name of the person to whom payment is to be made;

(d) if the payment is to be made to two or more persons, the allocation of such amount amongst such persons;

(e) if the compensation, or any part thereof, is assessed in respect of any land for the time being subject to a land purchase annuity, the matters required by the next following section to be included in such award.

(3) Every award shall be signed by all the members of the Board.

(4) Every award shall be conclusive evidence of all matters purported to be certified therein.

(5) Any sum directed by an award to be payable by one person to another shall be a debt payable by such first mentioned person to such other person and shall be recoverable as a simple contract debt.

(6) A certificate, purporting to be certified by the secretary of the Board, which contains a statement of the following matters, namely:—

(a) the fact that the Board has made an award,

(b) the nature and amount of the compensation payable under such award,

(c) the person to whom such compensation is payable,

(d) the person by whom such compensation is payable,

shall be received in all legal proceedings as prima facie evidence of the matters so certified without proof of the signature of the person by whom such certificate purports to be certified or that he was in fact the secretary of the Board.

66. —(1) Where compensation is assessed by the Board in respect of land which is for the time being subject to a land purchase annuity, the Land Commission may, if they so think fit, request the Board—

(a) if the amount of such compensation is equal to or less than the redemption price of such annuity and the arrears (if any) of such annuity, to order by its award payment to the Land Commission of the whole or such part of the compensation as the Land Commission request, or

(b) if the amount of such compensation exceeds the redemption price of such annuity and the arrears (if any) of such annuity, to order by its award payment to the Land Commission of such sum, not exceeding the amount of the said redemption price and arrears (if any), as the Land Commission request,

and the Board shall comply with such request.

(2) Where any award in relation to land for the time being subject to a land purchase annuity provides for the payment of any moneys to the Land Commission, such moneys shall upon receipt thereof be applied by the Land Commission in accordance with the following provisions, that is to say:—

(a) in case there are any arrears of such annuity and the amount of such moneys does not exceed such arrears, in or towards discharge of such arrears—

(b) in case there are any arrears of such annuity and the amount of such moneys exceeds such arrears—

(i) so much of such moneys as is equal to such arrears shall be applied in discharge of such arrears, and

(ii) the balance of such moneys shall be applied in or towards redemption of such annuity,

(c) in case there are no arrears of such annuity, in or towards redemption of such annuity.

67. —(1) Where compensation for State acquired minerals is payable in respect of State acquired minerals, or compensation for mining facilities is payable in respect of ancillary rights, the following provisions shall have effect for the purpose of determining the amount of such compensation, that is to say:—

(a) the Board shall assess such compensation on the basis of what would be fair and reasonable as the consideration for a bargain between a willing grantor and a willing grantee;

(b) for the purpose of the foregoing paragraph, the Board shall have regard to the conditions subject to which the State acquired minerals or ancillary rights, the subject of such compensation, were held prior to being acquired by the State under the relevant minerals acquisition order or mining facilities acquisition order (as the case may be), and also to the conditions under which and the period for which they were so acquired under such orders.

(2) Where compensation under Part VI is payable in respect of any minerals granted under an unworked minerals licence or in respect of any ancillary right granted under an ancillary rights licence, the following provisions shall have effect for the purpose of determining the amount of such compensation, that is to say:—

(a) the Board shall assess such compensation on the basis of what would be fair and reasonable as the consideration for a bargain between a willing grantor and a willing grantee;

(b) for the purpose of the foregoing paragraph, the Board shall have regard to the conditions subject to which such minerals or ancillary rights were held prior to being granted under such unworked minerals licence or ancillary rights licence (as the case may be) and also to the conditions (if any) under which and the period for which they were so granted.

(3) For the purpose of the hypothetical bargain referred to in the two preceding sub-sections of this section, the grantor and grantee therein referred to shall be deemed to have had, at the time of their bargain, full notice of all such information bearing on the nature, value, extent and situation of the minerals or ancillary rights, the subject of the compensation referred to in those sub-sections, as is available for public inspection in the office of the Geological Survey, Dublin.

68. —In awarding compensation for State acquired minerals or compensation under Part VI in respect of the grant of an unworked minerals licence, the Board shall award such compensation in the form of a royalty rent, unless such State acquired minerals or the minerals the subject of such unworked minerals licence—

(a) were, at the date on which they were respectively acquired or granted (as the case may be), held by the owners thereof subject to a dead rent or other fixed annual payment, or

(b) were purchased by the owners thereof for valuable consideration within a period of twenty years prior to the date of the passing of this Act,

and in either such case, the Board may, in its discretion, award such compensation either in the form of a lump sum payment, or a dead rent, or a royalty rent, or in any or all of such forms.

69. —(1) Whenever the Board is of opinion that compensation under Part VI is payable to any person, and such person cannot be found or ascertained, the Board may, in its discretion, do any or all of the following things, in such order as it thinks fit, that is to say:—

(a) order that such measures as it may direct be taken to find or ascertain such person;

(b) direct that the amount of such compensation be paid into the High Court in such manner as may be provided by rules of court;

(c) direct that if such person is not found or ascertained within such period as may be specified, all claims to such compensation shall be extinguished after the expiration of such period.

(2) Sections 69 to 80 of the Land Clauses Consolidation Act 1845, shall apply to any such compensation as is mentioned in paragraph (b) of the foregoing sub-section, subject to any modifications and adaptations which may be made in the said sections by the rules of court made under that paragraph.

(3) Whenever the Board directs under paragraph (c) of sub-section (1) of this section that all claims to such compensation as is mentioned in that sub-section shall be extinguished after the expiration of a specified period, all such claims shall be so extinguished accordingly.

70. —The decision of the Board on any question of fact arising in the course of proceedings under this Part of this Act shall be final, conclusive and unappealable, and such decision shall be binding on all parties to such proceedings and their privies, as if it were a judgment in personam.

71. —(1) The Board may, if it so thinks fit, of its own motion or on the application of any party to proceedings under this Part of this Act, and at any stage of such proceedings, refer any question of law arising in the course of such proceedings by way of case stated for the determination of the High Court, and may adjourn the pronouncement of its award pending such determination.

(2) In lieu of stating a case in the course of proceedings under the foregoing sub-section, the Board may, if a question of law is involved therein, state its award or any part thereof in the form of a special case for the determination of the High Court.

(3) Any party to proceedings before the Board who is aggrieved by the refusal of the Board to state a case on a question of law under this section may apply, either before or after the Board has made its award, to the High Court in a summary manner for an order directing the Board to state a case for the determination of the High Court on such question, and on such application the High Court may make such order, and, in that event, the Board shall comply with the terms thereof, notwithstanding that the Board has already given its award.

(4) The decision of the High Court upon any case stated under this section shall be final and conclusive and shall not be subject to an appeal to the Supreme Court.

(5) The costs of and incidental to any reference to the High Court under this section shall be in the discretion of that Court.

72. —Where the amount of any compensation payable under this Act by the Minister to any person is determined by an award, and the Minister is notified before payment of such compensation, that a debt is due and owing by that person to any Minister of State or to the Central Fund, the Minister may deduct the amount of the debt from such compensation, and may direct that the amount so deducted be (as the case may require) either paid to the appropriate Minister of State or paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

73. —(1) The costs of the parties in any proceedings under this Part of this Act (other than the costs of and incidental to a reference to the High Court) shall be in the discretion of the Board, and the Board may, by its award, direct to and by whom and in what manner those costs or any part thereof shall be paid, and the Board may in any case disallow the costs of counsel.

(2) The Board may themselves tax the amount of costs ordered to be paid or may direct in what manner they are to be taxed.

(3) Where the Board orders an applicant for compensation under this Act to pay the costs or part of the costs of the person by whom such compensation is payable, such person may deduct the amount of such costs from the amount of such compensation.

(4) For the purpose of this section costs include any fees, charges and expenses of the award.