Minerals Development Act 2017

Determination of compensation for exercise of ancillary underground rights

107. (1) After receiving a claim for compensation that has not been extinguished under section 106 , the Mining Board shall determine, in accordance with Chapter 3 of Part 6, entitlement to compensation and award compensation in an amount equal to the value (if any) of the subsurface at the time of making its decision.

(2) The assessment of compensation shall be governed by the rules in section 2 of the Acquisition of Land (Assessment of Compensation) Act 1919 (including those rules that apply where compensation is payable by a planning authority) and references to a “property arbitrator” in those rules shall be read as references to the Mining Board.