Energy (Miscellaneous Provisions) Act 2006

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Power of Minister to acquire lands, etc.

28.— (1) In connection with the implementation of any mine rehabilitation plan, the Minister may, with the consent of the Minister for Finance, do either or both of the following:

(a) purchase by agreement such lands, or rights in, under or over such lands or any substratum of such lands, as the Minister considers necessary or expedient for the purposes of that plan;

(b) by order acquire compulsorily lands, or rights in, under or over lands or any substratum of lands, that are specified in an order made under subsection (2).

(2) (a) If for the purposes of any mine rehabilitation plan the Minister thinks it necessary or expedient to acquire compulsorily any land, or rights in, under or over land or any substratum of land, then the Minister may, with the consent of the Minister for Finance, by order declare his or her intention to so acquire such land or rights. Every such order shall operate to confer on the Minister power to acquire compulsorily in accordance with this section the land or rights concerned.

(b) Before making an order under this subsection, the Minister shall—

(i) deposit and keep open for inspection at some suitable place (public notice of which shall be given) such plans, specifications and other documents as will show fully and clearly the land or rights intended to be acquired by virtue of the order,

(ii) give notice, in such manner as he or she may consider best adapted for informing persons likely to be affected by the order, of his or her intention to consider the making of the order and of the manner in which representations and objections in respect of the order may be made, and

(iii) if he or she considers it expedient so to do, cause a public inquiry to be held in regard to the making of the order.

(3) (a) Where, immediately before an order is made by the Minister under this section, any person has any estate, right, easement, title or other interest in, over or in respect of the land acquired by the order, the person may apply to the Minister at any time after the making of the order for compensation in respect of that interest and the Minister shall, subject to subsection (4), thereupon pay to the person by way of compensation an amount equal to the value (if any), on the date of the order, of that interest together with interest at such rate as the Minister, with the consent of the Minister for Finance, may determine from time to time, on the amount from that date to the date of payment thereof.

(b) The compensation to be paid under this paragraph in respect of any estate, right, easement, title or interest of any kind in, over or in respect of land shall, in default of agreement, be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act 1919 .

(4) (a) The Minister may by regulations, in such cases (if any) and to such extent as he or she considers necessary for the purposes of compulsory acquisition under this section, apply all or any of the provisions of sections 69 to 83 of the Lands Clauses Consolidation Act 1845 as if─

(i) such compensation were purchase money or compensation under that Act, and

(ii) the Minister was the promoter of the undertaking,

together with any other necessary modifications.

(b) Where money is paid into court under section 69 of the Lands Clauses Consolidation Act 1845 , as applied by the Minister under this subsection, no costs shall be payable by the Minister to any person in respect of any proceedings for the investment, payment of income or payment of capital of such money.

(5) The following applies to any public inquiry held under this section:

(a) the Minister shall appoint a fit and proper person to hold the inquiry;

(b) such person is hereby authorised to administer oaths to persons appearing as witnesses at the inquiry; and

(c) any person with an interest in or affected by the subject matter of the inquiry shall be entitled to appear personally or by counsel or solicitor and to adduce evidence.

(6) Nothing in this section shall be read as restricting the powers of a local authority to compulsorily acquire the site of a former mine, or any part of such site, under the Derelict Sites Act 1990 or under any other enactment.