Institutional Burials Act 2022
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Application for compensation by person other than owner or occupier of land | ||
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92. (1) A person, other than an owner or occupier, who has an interest in or right over principal burial land, ancillary burial land or ancillary land may, within the time specified under subsection (2), make an application to the Director for compensation where the interest or right will be materially adversely affected by the relevant works or related activities. | ||
(2) Subject to subsection (5), the time referred to in subsection (1) is any time after the commencement of the relevant works or related activities concerned but not later than 6 months after the date of cessation of the works or activities. | ||
(3) A person who makes an application for compensation under subsection (1) shall at the same time as making the application provide evidence of— | ||
(a) his or her interest in or right over the land concerned, and | ||
(b) the material adverse effect alleged. | ||
(4) Where a Director is satisfied that the person referred to in subsection (1) has the interest or right asserted and the works or activities concerned have materially adversely affected the interest or right, the Director may, by notice in writing, make an offer of compensation to that person stating— | ||
(a) the basis on which the amount of compensation offered was calculated, | ||
(b) the manner in which, should the offer be accepted within 28 days from the date of the notice, the compensation shall be payable, | ||
(c) that if he or she refuses the offer within that 28 day period, he or she may, within the time allowed by section 94 , make an application to the Circuit Court under that section for a variation of the amount of compensation, and | ||
(d) that if he or she fails to reply to the offer within that 28 day period, the offer shall become binding. | ||
(5) The Circuit Court may, upon application being made to it in that behalf, where it considers that the interests of justice so require, extend the period within which a claim for compensation may be brought under subsection (1). | ||
(6) An offer of compensation shall be binding and the compensation shall be payable in accordance with section 93 where— | ||
(a) a person accepts, or does not reply to, an offer of compensation made under subsection (4) within the 28 day period referred to in that subsection, or | ||
(b) a person refuses an offer of compensation under that subsection and does not make an application to the Circuit Court under section 94 within the time allowed by that section. |