Wildlife (Amendment) Act, 2000
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Compensation. |
22.—(1) Where the Minister refuses consent to works under section 19 , the Minister shall, save for the reasons set out in subsections (5) and (6), pay to the owner or occupier or user as the case may be by way of compensation an amount equal to the loss suffered by the owner, occupier or user by the depreciation of an interest in the land to which he or she is entitled. | |
(2) (a) The amount of compensation payable by the Minister under subsection (1) shall be determined by reference to the difference between the antecedent and subsequent value of the land or of an interest in the land consequent on the refusal of consent, which amount shall be offset by the value of any amounts which the owner, occupier or user is receiving under the scheme operated by the Minister for Agriculture, Food and Rural Development and known as the Rural Environment Protection Scheme, or any amendment to, or replacement of that scheme. | ||
(b) For the purposes of paragraph (a), any amounts which the proposed works would have attracted by way of grant aid from any Minister of the Government or any body established or regulated by or under a statute, if consent had been given under section 19 , shall not be taken into account in assessing the difference between the antecedent and subsequent value of the land. | ||
(3) (a) Any claims for payment of compensation under this section shall, in default of agreement, be determined under and in accordance with the Lands Clauses Acts and, for the purposes of those Acts, the Minister shall be deemed to be the promoter of the undertaking and this section shall be deemed to be the special Act and, for the purposes of such determination, those Acts shall apply with any other necessary modifications and are incorporated (except in so far as they are inconsistent with and subject to any amendments or modification, express or implied, thereof effected by this Act) with this section. | ||
(b) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 , shall apply to any compensation payable by virtue of this subsection, and for the purposes of such application the Minister shall be deemed to be the promoter of the undertaking. | ||
(c) Where money is paid into court by the Minister under section 69, as applied by this subsection, of the Lands Clauses Consolidation Act, 1845 , no costs shall be payable by the Minister to any person in respect of any proceedings for the investment, payment of income or payment of capital of such money. | ||
(4) A claim for compensation under this section shall be made not later than 6 months from the date of issue of the decision by the Minister under section 19 . | ||
(5) Compensation under this section shall not be payable for any loss arising from a refusal of consent for works for as long as— | ||
(a) the Minister is in negotiation with the owner or occupier, as the case may be, for the purchase by agreement of the land, or | ||
(b) the Minister is in negotiation with the owner or occupier, as the case may be, to enter into a management agreement under section 18 of the Principal Act. | ||
(6) (a) Save where the refusal of consent results in the discontinuance of the use to which the land has been put by the person concerned in the period of 5 years immediately preceding— | ||
(i) such refusal, or | ||
(ii) the curtailment of such use of land, | ||
compensation will not be payable where the proposed works would significantly adversely affect a site, its species, communities or habitats, or have a significant impact on the site or on its species, communities or habitats, or landforms or geological or geomorphological features, or on its diversity of natural attributes. | ||
(b) Where the Minister has refused consent to works under section 19 , the Minister may, where he or she considers appropriate, make a determination that it would not be just and reasonable in the particular circumstances that payment of compensation should be prevented by the provisions of paragraph (a). | ||
(7) Any compensation payable under this section may be made by the Minister either by way of a single payment or by way of payment of an annual sum to a person having, or claiming to be entitled to, an interest in or over the land on which the compensation is payable. |