Section 74
Section 74
—
(1)
The owner of any alienated land or occupied land—
(a)
in respect of which a prospecting licence has been granted; or
(b)
in respect of which a mining lease beneath any such land has been granted, is entitled to compensation for any loss or damage suffered by him resulting or arising from the prospecting activities or mining operations, as the case may be; and the holder of the prospecting licence or the lessee shall be liable to pay compensation in accordance with this Ordinance for any such loss or damage.
(2)
The officer for the time being having the control of reserved land or reserved forest area in respect of which a prospecting licence has been granted is entitled to compensation for any loss or damage suffered by the Authority resulting or arising from the prospecting; and the holder of the prospecting licence shall be liable to pay compensation in accordance with this Ordinance for any such loss or damage.
(3)
The amount of compensation payable under subsection (1)
or (2) may include compensation for—
(a)
any damage to the surface of the land or any part thereof;
(b)
any damage to the crops, trees or livestock on the land or damage to buildings and improvements thereon;
(c)
any deprivation of possession or use of the surface of the land or any part thereof;
(d)
any loss or restriction of surface right of way or other easements; or
(e)
any disruption to agricultural activity.
(4)
The owner of any alienated land or occupied land, or the officer for the time being having the control over reserved land or reserved forest area, seeking compensation under this section shall notify the Director stating the particulars of his claim.
(5)
The amount of compensation payable under subsection (1)
or (2) may be determined by an agreement—
(a)
between the holder of the prospecting licence or the lessee, as the case may be, and the owner of such land; or
(b)
between the holder of the prospecting licence and the officer for the time being having the control over the reserved land or reserved forest area, respectively.
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(6)
If no agreement under subsection (5) is reached within a period of six months after the giving of the notification under subsection (4)—
(a)
the owner of any alienated land or occupied land;
(b)
the officer for the time being having the control over reserved land or reserved forest area; or
(c)
the person liable to pay the compensation under subsection (1) or (2), as the case may be, may apply to the Director to determine the amount of compensation payable in such form and manner as may be prescribed. In the determination of such compensation, the Director may seek the professional advice of a qualified valuer.
(7)
The Director shall, upon an application made under subsection (6), determine the compensation payable in accordance with such procedure as may be prescribed.
(8)
Any person who is aggrieved by the decision of the
Director under subsection (7) may, within thirty days of being notified of such decision, appeal to the High Court.
(9)
The powers vested in the Director under this section may be exercised by an officer specially authorized by him in writing.