Mineral Development Act (Northern Ireland) 1969

21 Disposal for nominal or no consideration in certain cases. N.I.

(1) Where—

(a) the Ministry proposes to make any disposal of radioactive minerals, or any disposition of any estate in, or rights to or in relation to, such minerals thereof, to the Minister of TechnologyF1 or the United Kingdom Atomic Energy Authority for the purposes of his or their functions under the Atomic Energy and Radioactive Substances Acts 1946 to 1959; or

(b) it appears to the Ministry, after due enquiry and investigation, that minerals vested in the Ministry, of significant quantity or value, are unlikely to exist in any land, and the Ministry proposes to make a disposition of any estate in such minerals or any mines thereof to the owner of the land; or

(c) the Ministry proposes to dispose of minerals worked under section 15, or to grant a mining permission with respect to any mines and minerals, and it appears to the Ministry that any consideration which might be obtainable therefor would be insignificant or that any payments which would fall to be made by the Ministry to other persons in consequence of the disposal or grant would be too trifling to justify the expense of distribution; or

Para. (d) spent

subject to subsection (6) of section 20 (so far as that subsection is applicable) any such disposal or disposition may be made or any such mining permission may be granted for no consideration or a nominal consideration.

(2) Where the Ministry proposes—

(a) to work any mines and minerals under section 15 in circumstances such that the provisions of paragraph ( a) or ( c) of subsection (1) are likely to apply to the disposal of the minerals gotten by such working, or

(b) to make a disposition such as is mentioned in paragraph ( a), ( b) or ( d) of that subsection,

it shall not be necessary for it to publish the notices mentioned in section 20(2).

(3) Where the Ministry proposes to make a disposition of any estate in mines and minerals in any land in circumstances such as are mentioned in paragraph ( b) of subsection (1), it shall not be necessary for it to serve the notices mentioned in section 20(3).

(4) In subsection (1)( a) “radioactive minerals” means minerals from which in the opinion of the Minister of TechnologyF1 any prescribed substance within the meaning of the Atomic Energy Act 1946 [1946 c.80] can be obtained.

(5) Where a disposition of any estate in mines and minerals in any land is made by the Ministry under subsection (1)( b), the disposition shall not prejudice the rights of any person entitled to the whole or any part of the percentage provided for in subsection (3) of section 13 of the Irish Land Act 1903 [1903 c.37] ; and upon the disposition becoming operative the second proviso to the said subsection (3) shall in its application to the land have effect as if the reference therein to twenty-five per cent. of any rent, purchase money or other net profit received by the Ministry upon a disposal of mining rights by the Ministry were a reference to twenty-five per cent. of any rent, purchase money or other net profit in respect of the mines and minerals which is received by the owner of the land upon a disposal of any mining rights by him.

Subs.(6) spent

(7) Where a disposition such as is mentioned in paragraph ( b) or ( d) of subsection (1) is made in circumstances where that paragraph applies, section 20(6) shall not apply but the Ministry may require the person to whom the disposition is made to pay a reasonable sum towards the Ministry's costs in connection with the disposition.

F1 Functions transf., SI 1970/1537