Mineral Workings Act 1951

37Provisions supplementary to s. 36

(1)Subsections (4), (5), (6) and (9) of section one hundred and three of the principal Act (which contain supplementary provisions relating to the powers of entry conferred by that section) shall apply in relation to any power to enter on land conferred by section thirty-six of this Act as they apply in relation to the powers conferred by the said section one hundred and three, and the proviso to the said subsection (9) (which imposes certain restrictions in respect of the carrying out of works authorised by that subsection) shall have effect as so applied as if references to works authorised by that subsection included references to works authorised by subsection (3) of the said section thirty-six.

(2)Where in the exercise of any power to enter land conferred by section thirty-six of this Act any damage is caused to land or to chattels, any person interested in the land or chattels may recover compensation in respect of that damage from the Minister or local authority on whose behalf the power is exercised; and where in consequence of the exercise of any such power any person is disturbed in his enjoyment of any land or chattels, he may recover from the said Minister or local authority compensation in respect of the disturbance.

(3)Section one hundred and ten of the principal Act (which provides for the determination of disputes as to compensation under that Act) shall apply to any question of disputed compensation under this section.

(4)Any expenses of the Minister or the Minister of Agriculture and Fisheries in the payment of compensation under this section shall be defrayed out of moneys provided by Parliament.