PART VI.

Provisions Applicable to Parts IV and V.

31. —(1) Whenever an application is made to the Minister under Part IV or Part V of this Act the person by whom such application is made shall pay to the Minister in respect of such application such fee as the Minister, with the sanction of the Minister for Finance, shall prescribe.

(2) All fees paid to the Minister under this section shall be paid into or disposed for the benefit of the Exchequer by the Minister in such manner as the Minister for Finance may direct.

32. —At an inquiry held by the Board under Part IV or Part V of this Act into an application under either of the said Parts, the following persons shall be entitled to be heard and adduce evidence, that is to say:—

(a) the applicant, or applicants;

(b) any person claiming to have any estate or interest in any minerals the subject of such application;

(c) any other person whom the Board is satisfied would be substantially affected by the grant of such application;

(d) the Minister.

33. —The Minister may impose as a condition on the grant of any right under Part IV of this Act or the imposition of any restriction under Part V of this Act that any questions as to the compensation payable in respect thereof shall be determined and the amount of the same paid or that security to the satisfaction of the Minister for the payment thereof shall be given before the right commences to be exercised or the restriction is enforced.

34. —An order under Part IV or Part V of this Act may confer rights on a tenant for life or a person having the powers of a tenant for life, or on any trustee, personal representative or other person in a fiduciary capacity, and where any such rights are so conferred upon any such person, such rights shall be deemed to form part of the property subject to the settlement or the estate of the deceased person or the property subject to the trust, as the case may be.

35. —A right granted by the Minister under Part IV or Part V of this Act shall not confer on the grantee any greater or other power than would be conferred thereby if such right had been granted by a person legally entitled to grant such right, or relieve the grantee from any obligation or liability to which he would have been subject had such right been granted by any such person.

36. —(1) The Minister may, if he thinks fit, order that the whole or any part of the costs and expenses incurred by the Board in connection with an inquiry under Part IV or Part V of this Act be paid to the Minister by the applicant whose application occasioned such inquiry.

(2) An order under this section shall certify the amount due by any person, and any amount so certified shall be recoverable by the Minister as a simple contract debt from such person.

(3) The Minister may require an applicant for any rights under Part IV of this Act or any restrictions under Part V of this Act to give security for the costs of the inquiry by the Board.

(4) Any money paid to or recovered by the Minister tinder this section shall be paid into or disposed for the benefit of the Exchequer by the Minister in such manner as the Minister for Finance may direct.

37. —(1) If the Board considers it just and equitable having regard to all the circumstances of the case that any person or persons attending on an inquiry under Part IV or Part V of this Act should pay the whole or part of the costs of such inquiry incurred by any other person or persons so attending, they may include in their report to the Minister a recommendation to that effect specifying the person or persons recommended to pay such costs, the amount recommended to be paid by each of such persons respectively, and the person or persons recommended to be paid such amount.

(2) The Minister may on consideration of such recommendation by order direct that any person recommended by the Board to pay costs shall pay such sum of costs as he thinks fit (but not exceeding the amount recommended by the Board to be paid by that person) to the person recommended by the Board to be paid such costs.

(3) A sum directed to be paid by order of the Minister under the preceding sub-section may in default of payment be recovered as a simple contract debt in any court of competent jurisdiction.

(4) For the purposes of this section costs includes any fees, charges and expenses in connection with an inquiry.