# Railways Clauses Consolidation Act 1845, Section 78A: Compensation for leaving minerals unworked.

Extent: E+W+N.I.

(1) The compensation payable by the company to the mine owner and the royalty owner respectively for the loss caused by the specified minerals being left unworked shall, in default of agreement, be determined by arbitration:
Provided that so far as such compensation is payable in respect of the value of specified minerals—
(i) the compensation payable to the mine owner and to the royalty owner shall be separately assessed;
(ii) the compensation payable to the mine owner shall be a sum for each ton of the specified minerals, the rate per ton in the case of minerals lying under the outer area of protection being one-third of the rate which is or would be awarded in the case of minerals lying under the inner area of protection;
(iii) the compensation payable to the royalty owner shall be based on the amount which would have been received from time to time by way of royalty in respect of the specified minerals if they had been worked out in the ordinary course, and the royalties payable had been—
(a) in the case of such of the specified minerals as lie under the inner area of protection, the same as those reserved by and payable under the lease comprising the minerals and subsisting at the date of the counter-notice; and
(b) in the case of such of the specified minerals as lie under the outer area of protection, one-third of the royalties so reserved and payable with the addition to such one-third of one penny per ton;
(iv) in every case the arbitrator shall state in his award the tonnage of the specified minerals on which his award is based.
(2) The mine owner shall also be entitled to be paid by the company the amount of any increase in the cost of working any part of his minerals (other than the specified minerals) which may have been caused by the failure of the company to give the counter-notice within such a reasonable time as would have enabled the mine owner to avoid such increase in cost, and, in default of agreement, the amount so payable by the company shall be determined by arbitration.

---
Source: https://www.legislation.gov.uk/ukpga/Vict/8-9/20/section/78A (the official version)
Page: https://openlegislation.uk/railways-clauses-consolidation-act-1845/section-78A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.