Mineral Development Act (Northern Ireland) 1969

40 Restrictions on working minerals required for support. N.I.

(1) Where, on application made by a person having an estate in any land who is not entitled to support or sufficient support (whether vertical or lateral) for any buildings or works erected or constructed, or intended to be erected or constructed on or below the surface, the Lands Tribunal is satisfied that it is not reasonably practicable to obtain a right to such support by private arrangement, the Tribunal may, upon such terms as it thinks proper, make an award imposing such prohibitions or restrictions on the working of minerals in that land and the land adjacent thereto as it considers necessary to secure sufficient support to the buildings or works.

(2) The restrictions may be either on the quantity or position of the minerals to be worked, or on the methods of working or packing, or otherwise such as may be necessary to secure adequate support to the buildings or works or to prevent or minimise damage thereto.

(3) In considering what restrictions, if any, should be imposed under this section regard shall be had to the value of the buildings or works or the cost of repairing damage likely to be caused thereto by subsidence, as compared with the value of the minerals, or to the importance of the erection or construction or the preservation of the buildings or works as compared with the importance, in the public interest, of the working of the minerals.

(4) The terms which may be imposed by an award under this section include terms as to the payment of compensation by the applicant or the giving of security therefor.

(5) For the purposes of this section, where any building or work is a national monument to which section 25 of the Irish Church Act 1869 [1869 c.42] applies or [F1 a scheduled monument within the meaning of the Historic Monuments Act (Northern Ireland) 1971 [1971 c.17] or is a historic monument which is the subject of a protection order under the said Act of 1971 or is owned by or vested in, or is in the guardianship of,] the Ministry of FinanceF2 or of a local authority, the Ministry of FinanceF2 or the local authority, as the case may be, shall be deemed to be a person entitled to make an application under this section.

(6) This section shall not prejudicially affect any right under the Railways Clauses Consolidation Act 1845 [1845 c.20] …F3 (including that Act as applied, with or without modifications, by any other transferred provision) or any other transferred provision (including such a provision in a local or private Act) of any railway company, local authority or public body to prohibit, restrict or regulate the working of minerals for the preservation of support, nor shall it confer on any such company, authority or body, except as provided in subsection (5), a right to apply under this section for any prohibition or restriction on the working of minerals.

F1 1971 c.17 (NI)

F2 Functions transf., SR 1976/80

F3 1973 NI 2

Modifications etc. (not altering text)

C1 S. 40 modified (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(1), Sch. 12 para. 8(1) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (with transitional, transitory and saving provisions in art. 3, Sch. 2)