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SCHEDULES

FIFTH SCHEDULEE+W+SCompensation in respect of minerals

Annual and initial compensation payable to mineral operatorE+W+S

3E+W+SFor the year beginning with the operative date of the compulsory rights order, and for each subsequent year which begins with an anniversary of that date and falls within the period of occupation, there shall be assessed—

(a)the profit or loss which a person carrying on the relevant undertaking might reasonably have been expected to make for that year by the exercise of the relevant rights and facilities if the compulsory rights order had not been made, and

(b)the profit or loss which such a person might reasonably have been expected to make for that year by the exercise of those rights and facilities in the circumstances existing in that year.