Minerals Development Act, 1979

Claims for compensation.

22.—(1) In default of agreement, any question arising as to the entitlement of any person to compensation under this Act or as to the amount of such compensation shall be settled by the Mining Board.

(2) A person who is aggrieved by the terms of settlement of any such question shall have the right to apply to the High Court to determine the question.

(3) An award or other decision of the Mining Board under this section may, by leave of the High Court, be enforced as a judgment or order to the same effect and, where leave is so given, judgment may be entered in terms of the award or decision.

(4) Where, at any time after the settlement by the Mining Board or the determination by the Court of a question arising in reference to a right vested under section 12, the Board or Court is satisfied, on the application of a person having a right to compensation by reason of such vesting, that—

(a) circumstances have subsequently arisen which were not anticipated and taken sufficiently into account in that settlement or determination, and

(b) fair and reasonable compensation for the applicant has not been provided,

the Board or Court shall consider the application and may revise the settlement or determination in such manner as justice may require and the preceding provisions of this section shall have effect accordingly.