Petroleum and Other Minerals Development Act, 1960

Awards of compensation by the Board.

38.—(1) Where claims for compensation are referred to the Board under section 37 of this Act, the Board shall adjudicate upon the said claims and embody their findings in an award which shall—

(a) specify the amount of the royalty rent which, having regard to section 36 of this Act, is to constitute the total compensation,

(b) specify the name of each claimant found by them to be entitled to the compensation,

(c) if the Board find that two or more claimants are entitled to payment of the royalty rent, apportion the royalty rent between the claimants so entitled.

(2) Every award made by the Board under subsection (1) of this section—

(a) shall be signed by all members of the Board,

(b) shall be conclusive evidence of all matters purported to be certified therein.

(3) (a) In apportioning, under paragraph (c) of subsection (1) of this section, a royalty rent payable as compensation for petroleum brought to the surface at a particular petroleum well, the Board may, as between the persons entitled to compensation, have regard to the relative extent of the area of entitlement (within the compensation area in relation to such petroleum well) of each of them.

(b) For the purposes of paragraph (a) of this subsection, the area of entitlement of a person shall be taken to be the area directly over the minerals in which he or the person through whom he claims had, immediately before the operative date, an estate.