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Environmental Better Regulation Act (Northern Ireland) 2016

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This is the original version (as it was originally enacted).

Compensation

14.—(1) Requiring the payment of compensation in specified circumstances by a regulator to any person in respect of any loss or damage sustained by that person as a result of action of a specified kind taken by the regulator.

(2) Requiring the payment of compensation in specified circumstances by a person who is authorised to carry on regulated activities by grant of a permit or by registration and who is required to carry out works or do other things on or in relation to any land under a condition of that permit or registration or by a requirement under paragraph 7(11) (“the authorised person”) to a person who has granted, or joined in granting, rights of a specified kind in relation to the land to enable the authorised person to carry out those works or do those other things.

(3) Without limiting sub-paragraph (2), making provision for—

(a)the basis on which any amount to be paid by way of compensation as mentioned in that sub-paragraph is to be assessed;

(b)compensation to be payable in respect of—

(i)any effect of any rights being granted; or

(ii)any consequence of the exercise of any rights which have been granted;

(c)the persons by whom, and the manner in which, any dispute—

(i)as to whether any, and (if so) how much and when, compensation is payable; or

(ii)as to the person to or by whom it is to be paid—

is to be determined;

(d)when or how applications may be made for compensation;

(e)when or how applications may be made for the determination of any such disputes as are mentioned in head (c);

(f)the form in which any such applications as are mentioned in heads (d) and (e) are to be made.

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