Diseases of Animals Act, 1945
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Compensation for certain losses. |
8.—(1) Where the owner or occupier of ground which has been used for the purposes of section 5 of this Act claims to have suffered loss by reason of such user, he may, within one month after such user, apply in writing to the Minister for compensation. | |
(2) Where the owner or occupier of a place which has been used for the purposes of section 6 of this Act claims to have suffered loss by reason of such user, he may, within one month after the disinfecting of the place in accordance with that section, apply in writing to the Minister for compensation. | ||
(3) Where an application for compensation under this section is duly made— | ||
(a) the Minister shall consider the application and shall either, as he thinks proper, refuse the application or award such compensation as, with the concurrence of the Minister for Finance, he thinks reasonable, | ||
(b) if the applicant is aggrieved by (as the case may be) the refusal of the application or the amount of the compensation awarded, he may, by notice in writing sent to the Minister within fourteen days after receiving notification of the decision of the Minister, appeal against such decision, | ||
(c) the appeal shall be referred by the Minister to such person as may be agreed upon by the applicant and the Minister or, in default of agreement, to an official arbitrator for the purposes of the Acquisition of Land (Assessment of Compensation) Act, 1919, and the person to whom the appeal is so referred shall report on the matter to the Minister and shall send a copy of the report to the applicant, | ||
(d) the report shall (as the person making it thinks proper) confirm, reverse, or vary the decision of the Minister and, where appropriate, fix the compensation to be awarded to the applicant, | ||
(e) the report shall be binding on the Minister and the applicant, | ||
(f) the fee (as fixed by the Minister with the concurrence of the Minister for Finance) and the necessary expenses of the person making the report shall be paid by the Minister, but, if the report neither reverses the decision of the Minister nor varies it in favour of the applicant, the applicant shall be liable to the Minister for an amount equal to the aggregate of such fee, such expenses and the costs incurred by the Minister in connection with the appeal, and the Minister may apply the whole or part of any compensation awarded to the applicant in or towards the discharge of such amount and, in default of obtaining in any other way such amount or any balance thereof, may recover such amount or balance as a simple contract debt in any court of competent jurisdiction, | ||
(g) if the report reverses the decision of the Minister or varies it in favour of the applicant, the Minister shall pay the costs incurred by the applicant in connection with the appeal. | ||
(4) Without prejudice to paragraph (f) of subsection (3) of this section, compensation awarded under this section by the Minister or by the report on an appeal shall be paid by the Minister out of money provided by the Oireachtas to the person to whom such compensation is so awarded. |