Section 9
Section 9
(2)
In the event of such dissent there shall be de-cided by the Minister on the application of the person desir-ing to lay pipe-lines, unless the parties mutually agree to accept arbitration, the questions following, that is to say -
(i)
whether the proposed pipe-lines will cause any injury to such owner, or to the occupier or other person interested in the lands; and
(ii)
whether any injury that may be caused is or is not of a nature to admit of being fully com-pensated for by money.
_,
(3)
The result of any such decision shall be as fol-lows, that is to say
(a)
if the decision is that no injury will be caused to the owner, occupier or other parties interested in the lands, the person giving notice may proceed forthwith to lay the pipe-line;
(b)
if the decision is that injury will be caused to the owner, occupier or other party interested in the lands, but that such injury is of a nature to admit of being fully compensated by money, the
Minister or arbitrators shall proceed to assess such compensation and to apportion the same amongst
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Petroleum (Pipe-lines)
the parties in his or their judgment entitled thereto subject to the provisions contained in section 11;
and on payment of the sum so assessed the person giving notice may proceed to lay the proposed pipe-line;
(c)
if the decision is that injury will be caused to the owner, occupier or other party interested in the land, and that such injury is not of a nature to admit of being fully compensated by money, the person giving notice shall not be entitled to lay the proposed pipe-line.
7 10.
Where any application is made ufider section 9, the
Procedure
Minister may summon the parties to appear before him at a time and place to be named in the summons, and upon the appearance of such parties, or in the absence of any of them, upon proof of the due service of the summons, it shall be lawful for the Minister to hear and determine the ques-tion and amount of the compensation and for that purpose to examine such parties or any of them and their witnesses upon oath, and the cost of every such inquiry shall be at his discretion and he shall settle the amount thereof.