Water Environment (Abstractions and Associated Impoundments) Act 2022
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Determination of claim for compensation | ||
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70. (1) Sections 68 to 79 of the Act of 1845 shall apply and have effect for the purposes of the determination of a claim for compensation under section 69 , including a claim for injurious affection, and for the purposes of such application Irish Water shall be deemed to be the promoter of the undertaking and this Chapter shall be deemed to be the special Act. | ||
(2) A claim for compensation under section 69 , including a claim for injurious affection, shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act 1919 and for this purpose Irish Water shall be deemed to be a public authority under that Act. | ||
(3) Notwithstanding any provision of the Act of 1845, for the purposes of the determination of a claim for compensation under section 69 — | ||
(a) any question of disputed compensation under the Act of 1845 shall be determined in accordance with subsection (2), and | ||
(b) compensation under section 68 of the Act of 1845 shall be available in respect of the carrying out of a public abstraction. | ||
(4) Without prejudice to the generality of subsection (3), in an arbitration held under and by virtue of subsection (2)— | ||
(a) the arbitrator shall refuse to award compensation unless he or she is satisfied that the right, title or interest in an easement, way-leave, water right, fishing right or other right over or in respect of water in relation to which the claim is made has been, or will be, materially adversely affected by the carrying out of the public abstraction concerned, | ||
(b) the arbitrator shall have jurisdiction to determine the amount of compensation payable and may make a nil award, | ||
(c) the arbitrator shall deduct from an award of compensation the amount equivalent to the value of the benefit conferred, by the carrying out of the public abstraction, on the person claiming compensation, | ||
(d) where the arbitrator determines that compensation is payable, he or she may also determine— | ||
(i) the time or times at which it shall be paid, and | ||
(ii) any interest to be paid on the amount of outstanding or unpaid compensation, | ||
(e) the arbitrator shall have regard to any undertaking given by Irish Water to the person claiming compensation to provide an alternative or additional water supply, and | ||
(f) where applicable, the arbitrator shall have regard to any compensation awarded under the provisions specified in paragraphs (a) to (d) of section 72 to the person claiming compensation. |