N.I.Ancillary mining facilities

23F1Acquisition of land and ancillary rights.N.I.

(1)Where it appears to the Ministry that, for the purpose of facilitating the working of any mines and minerals (whether vested in the Ministry or not), it is necessary or expedient to acquire any land or any ancillary right, the Ministry may acquire any such land or right by agreement, or, if satisfied that it is in the public interest to do so, may by order compulsorily acquire that land or that ancillary right.

(2)The Ministry may also exercise the powers conferred by virtue of subsection (1), so far as they relate to the acquisition of ancillary rights, where it appears to the Ministry that it is necessary or expedient to do so to facilitate searching for mines and minerals by—

(a)the Ministry, or

(b)any person to whom a prospecting licence is granted, or

(c)any person who is the owner of mines and minerals of any description in any land and proposes to search for mines and minerals of that description in that land, or

(d)any person who is the holder of any authorisation corresponding to a prospecting licence which has been granted to him by a person such as is mentioned in paragraph ( c),

where such searching is or is to be conducted otherwise than as part of the operation of working those mines and minerals.

(3)An order made under subsection (1) or (2) is in this Act referred to as a “mining facilities order” , and any land or ancillary right acquired by agreement under that subsection or by an order is in this Act referred to as an “acquired mining facility” .

(4)The provisions of Schedule 2 shall apply with respect to the making and effect of mining facilities orders.