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For the purposes of answering this question, you are to assume that all provisions of the Minerals Development Act: Law Assignment, TCD, Ireland

University Trinity College Dublin (TCD)
Subject Law

For the purposes of answering this question, you are to assume that all provisions of the Minerals Development Act 2017 have been commenced

Read the Minerals Development Act 2017 and the Waste Management Regulations 2009 and answer the following problem question.

Ballymagash Lead Mine Ltd holds a mining license issued under the Minerals Development Acts 1979 and 2017. The tailings pond for its mine is adjacent to Sarah’s farm and she claims that the construction of the pond has caused parts of her land to subside significantly, causing damage to farm buildings and equipment and that the way the pond has been operated has contaminated part of her land, which is now unusable, and this contamination has required the slaughter of twenty of her prize cows.

Sarah has made a claim for compensation under section 98 of the 2017 Act, which is to be considered by the Mining Board. The company is unwilling to have its obligation to pay compensation for the alleged damage and nuisance determined by the Mining Board, believing instead that such matters ought to be decided by a court of law.

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