5.
| (1) Where it appears to the Minister that any minerals from which in his opinion any prescribed substance can be obtained are present in or on any land, the Minister may, subject to the provisions of section 6, by Order published in the Gazette compulsorily acquire the exclusive right in respect of that land, so long as the Order remains in force, to prospect for, mine and remove all minerals from which in his opinion any prescribed substance can be obtained. |
|
| (2) Where an Order under sub-section (1) is in force in respect of any land, the Minister shall have all the rights ancillary to the exclusive right acquired by him by that Order, Such ancillary rights shall, without prejudice to the generality of the preceding provisions of this sub-section, include-
| | (a) rights necessary for the purpose of access to or conveyance of the aforesaid minerals or the ventilation or drainage of the mines; | | |
| | (b) rights to use and occupy the surface of any land for the purpose of erecting any necessary buildings and installing any necessary plant in connection with the extraction of the aforesaid minerals; and | | |
| | (c) rights to obtain a supply of water for purposes connected with the operations for the extraction of the aforesaid minerals, or to dispose of water or other liquid matter obtained in consequence of such operations. | | |
|
|
| (3) An Order made under this section shall provide for the payment of compensation by the Minister in such cases and subject to such conditions as may be specified in the Order or determined thereunder, in respect of loss suffered as the result of the exercise-of rights under such Order including rights under sub-section (2), but in calculating such compensation no account shall be taken of the value of any minerals present in or on the land affected by such Order, being minerals from which in the opinion of the Minister any prescribed substance can be obtained. |
|
| (4) Compensation in respect of any minerals removed by the Minister from a land, other than land disposed of by the Crown with an express or implied reservation to minerals in favour of the Crown, in pursuance of an Order under sub-section, (1) which is in force in respect of that land shall be paid by the Minister in accordance with the Second Schedule to this Act. |
|
|
Sri Lanka Consolidated Acts