Diseases of Animals (Bovine Tuberculosis) Act, 1957

Compensation.

6.—(1) The Minister shall, subject to subsection (2) of this section, pay compensation for cattle taken possession of by him or on his behalf pursuant to any order made by virtue of this Act.

(2) The following provisions shall have effect in relation to compensation under this section for an animal:

(a) the compensation shall be the market value of the animal as agreed upon between the owner of the animal and the Minister or, in default of such agreement, as fixed by a valuer appointed by agreement between the owner and the Minister or, in default of agreement as to the valuer, appointed by the Minister,

(b) notwithstanding the foregoing paragraph, the compensation shall not exceed such limit as may from time to time be determined by the Minister with the consent of the Minister for Finance,

(c) the fees of any such valuer shall, subject to the consent of the Minister for Finance with respect to their amount, be paid by the Minister,

(d) the Minister shall be entitled to withhold the compensation, wholly or partially, where, in the judgment of the Minister, the owner, or the person having charge, of the animal has been guilty in relation to the animal of an offence against the Principal Act or otherwise has not taken adequate precautions to prevent the spread of bovine tuberculosis.

(3) In subsection (2) of this section “market value” means the price which might reasonably have been obtained for the animal, immediately before the taking possession thereof by or on behalf of the Minister, from a purchaser in the open market who had no knowledge that the animal was affected or suspected of being affected or capable of infecting cattle with tuberculosis except such knowledge as might reasonably have been obtained by inspection of the animal.