Opencast Coal Act 1958

17 General provisions as to annual compensation

(1) Where a compulsory rights order comprises the whole or part of a holding to which this section applies, compensation shall be payable by the Board in respect of that holding—

(a) for the year beginning with the operative date, and

(b) for each subsequent year which begins with an anniversary of that date and falls within the period of occupation.

(2) For the purposes of this Part of this Act, where land, immediately before the operative date of a compulsory rights order.—

(a) was occupied as a unit, and

(b) was so occupied wholly or mainly for the purposes of agriculture carried on by way of a trade or business,

the entirety of that land (excluding the coal and any other minerals vested in the Board) shall be taken, in relation to that compulsory rights order, to constitute a holding to which this section applies.

(3) The person entitled to any compensation payable by the Board for any year by virtue of this section in respect of a holding shall be the person who—

(a) in respect of so much (if any) of the holding as is not comprised in the compulsory rights order, is for the time being entitled to occupy that part of the holding, and

(b) in respect of so much of the holding as is comprised in the order, would be entitled for the time being to occupy it if the order had not been made.

(4) The compensation payable for any year by virtue of this section, in respect of a holding to which this section applies, shall be the aggregate of—

(a) the compensation payable for that year in accordance with the provisions of the next following section, and

(b) any additional compensation payable for that year in accordance with the provisions of section nineteen of this Act, and

(c) for the year beginning with the operative date, any additional compensation payable in accordance with the provisions of section twenty of this Act.