PART III

Compensation

20. —A right to compensation under this Act shall vest in every person who was entitled to any estate or interest in minerals immediately before the date on which the exclusive right of working those minerals vested in the Minister under section 12 and the said right to compensation shall devolve and may be disposed of accordingly.

21. —Compensation in respect of a right vested in the Minister under section 12 shall be paid by the Minister to every person entitled to such compensation.

22. —(1) In default of agreement, any question arising as to the entitlement of any person to compensation under this Act or as to the amount of such compensation shall be settled by the Mining Board.

(2) A person who is aggrieved by the terms of settlement of any such question shall have the right to apply to the High Court to determine the question.

(3) An award or other decision of the Mining Board under this section may, by leave of the High Court, be enforced as a judgment or order to the same effect and, where leave is so given, judgment may be entered in terms of the award or decision.

(4) Where, at any time after the settlement by the Mining Board or the determination by the Court of a question arising in reference to a right vested under section 12, the Board or Court is satisfied, on the application of a person having a right to compensation by reason of such vesting, that—

(a) circumstances have subsequently arisen which were not anticipated and taken sufficiently into account in that settlement or determination, and

(b) fair and reasonable compensation for the applicant has not been provided,

the Board or Court shall consider the application and may revise the settlement or determination in such manner as justice may require and the preceding provisions of this section shall have effect accordingly.

23. —(1) Compensation payable in respect of any right vested under section 12 shall be assessed on the basis of what would be fair and reasonable having regard to all the circumstances of the case including such proportion of the net profits arising in consequence of the working of the minerals by the Minister, or by a lessee or licensee under section 17, as is attributable to those minerals as they existed in the land in their natural condition prior to such working.

(2) Compensation shall be determined in the form of periodical, payments unless the Mining Board or the Court, as the case may be, is satisfied that such form of compensation would not of itself be appropriate and in such case the Board or the Court may, in its discretion, award compensation either in the form of a lump sum payment or partly in that form and partly in the form of periodical payments.