Minerals Development Act 2017
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Referral of calculation of compensation to Mining Board | ||
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94. (1) Where either the Minister or a right-to-compensation holder are of the opinion that the amount of compensation payable under section 93 (2) is not fair and reasonable having regard to all the circumstances of the case (including the matters referred to in section 23(1) of the Act of 1979) either party may, within a period of 90 days from the date of the notification referred to in section 91 (1), refer the matter to the Mining Board for a determination of the amount of compensation payable. | ||
(2) Where a right-to-compensation holder refers the matter of compensation to the Mining Board, if the compensation awarded by the Mining Board is equal to or less than the amount of the royalties payable in accordance with regulations made under section 77 the Board may, if the Board considers it appropriate to do so, order the right-to-compensation holder to bear his or her own costs and to pay the costs of the Minister in so far as those costs were incurred after the date on which the right-to-compensation holder referred the matter to the Board. | ||
(3) Where the Minister refers the matter of compensation to the Mining Board, if the compensation awarded by the Mining Board is equal to or exceeds the amount of the royalties payable in accordance with regulations made under section 77 , the Board may, if the Board considers it appropriate to do so, order the Minister to bear his or her own costs and to pay the costs of the right-to-compensation owner in so far as those costs were incurred after the date on which the Minister referred the matter to the Board. |