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7 1960

PETROLEUM AND OTHER MINERALS DEVELOPMENT ACT, 1960

Chapter IV.

Working facilities.

Compulsory acquisition of land and ancillary rights by the Minister.

23. —(1) Whenever the Minister is of opinion that it is necessary for the efficient or convenient exploitation of petroleum to acquire any land or any ancillary right, the Minister, with the consent of the Minister for Finance, may by order (in this Part referred to as a working facilities acquisition order) compulsorily acquire, either permanently or temporarily, such land or such ancillary right.

(2) The following provisions shall apply and have effect in relation to every working facilities acquisition order—

(a) where the order provides for the acquisition of land, it shall specify the area and situation of such land and the nature and duration of the interest in such land which is vested in the Minister by the order;

(b) where the order provides for the acquisition of an ancillary right, it shall specify the character of such right, the situation of any property affected by the exercise of such right, and the nature and duration of the interest in such right which is vested in the Minister by the order;

(c) the order may contain all such supplementary or ancillary provisions as the Minister, with the consent of the Minister for Finance, may determine;

(d) the order may contain a provision requiring that, in carrying the order into effect, all persons charged with the execution thereof shall have due regard to the amenities of the locality in which the land acquired by the order is situate or in which the ancillary right acquired by the order is exercisable;

(e) the order shall be expressed and shall operate to vest in the Minister the land or the ancillary right thereby acquired for such period and in such manner as shall be specified in the order.

Notice in respect of working facilities acquisition orders.

24. —(1) Whenever the Minister proposes to make a working facilities acquisition order he shall comply with whichever of the following provisions is applicable, that is to say:—

(a) where the Minister proposes to acquire any land by such order, he shall, at least two months or, if there is an occupied dwelling-house on such land, at least four months before making such order, serve on every person appearing to him to have an interest in such land notice of his intention to make such order, and publish, in one or more newspapers circulating in the locality in which such land is situate, a like notice of his said intention;

(b) where the Minister proposes to acquire an ancillary right by such order, he shall, at least two months before making such order, serve on every person appearing to him to have an interest in any property which would be affected by the exercise of such right notice of his intention to make such order and publish, in one or more newspapers circulating in the locality in which such property is situate, a like notice of his said intention.

(2) Every notice required by subsection (1) of this section to be served or published shall—

(a) if such notice relates to the acquisition of land, state the situation and area of such land with sufficient particularity to enable such land to be easily identified and also state the nature and duration of the interest proposed to be acquired in such land, or

(b) if such notice relates to the acquisition of an ancillary right, state the nature of such right, the land or other property in respect of which such right is proposed to be acquired, and the period for which such right is proposed to be acquired.

(3) A notice required by this section to be served on any person may be served by registered post and, if so served, may be addressed to such person at his last-known place of abode.

Compensation for working facilities.

25. —(1) The Minister shall be liable to pay compensation for any land or ancillary right acquired by him under a working facilities acquisition order and the provisions of Chapter VII of this Part shall apply in respect of such compensation.

(2) All claims for compensation payable under this section in respect of any land or ancillary right acquired by the Minister under a working facilities acquisition order may be made at any time within six months or such longer period not exceeding altogether twelve months as the Minister may in any particular case allow after the date of the order, and no such claim shall be entertained unless made within that period.

Working facilities permits.

26. —(1) The Minister may, upon the grant of a petroleum lease or at any time during the term granted by the lease, grant to the lessee a permit (in this Part referred to as a working facilities permit) to use any land or any ancillary right which has been acquired by a working facilities acquisition order.

(2) Every working facilities permit shall be granted on such terms and subject to such conditions as the Minister, with the consent of the Minister for Finance, shall determine.

(3) It shall be a condition of the grant of a working facilities permit that the person to whom it is granted repays to the Minister the costs incurred by the Minister in acquiring the land or the ancillary right to which the permit relates and the compensation payable by the Minister for such acquisition.

Working facilities permit in respect of State land.

27. —(1) In this section “State land” has the same meaning as in the State Property Act, 1954 (No. 25 of 1954).

(2) Whenever the Minister is of opinion that it is necessary, for the efficient or convenient exploitation of petroleum to which a petroleum lease applies, that the lessee should be granted the right to use any State land, the Minister with the consent of the Minister for Finance may grant to the lessee a permit (in this Act referred to as a working facilities (State land) permit), to use such land.

(3) Whenever the Minister is of opinion that it is necessary, for the efficient or convenient exploitation of petroleum to which a petroleum lease applies, that the lessee should be granted any ancillary right in relation to State land, the Minister may, with the consent of the Minister for Finance, grant to the lessee a permit (in this Act also referred to as a working facilities (State land) permit) to exercise that ancillary right.

(4) Every working facilities (State land) permit shall be granted on such terms and conditions as the Minister, with the consent of the Minister for Finance, may determine.

(5) A person to whom a working facilities (State land) permit is granted shall as consideration therefor pay to the Minister such sum as the Minister, with the concurrence of the Minister for Finance, may determine.

Compensation for damage or nuisance caused by exercise of rights under a working facilities permit or a working facilities (State land) permit.

28. —(1) Whenever damage to the surface of land or to mineral deposits or to water supplies or a nuisance is caused either directly or indirectly by the exercise by the holder of a working facilities permit or a working facilities (State land) permit of the rights conferred by the permit, such holder shall be liable to pay compensation for such damage or nuisance, and the provisions of Chapter VII of this Part shall apply in respect of such compensation.

(2) Compensation payable under subsection (1) of this section by the holder of a working facilities (State land) permit, shall be paid to the Minister.