Section 35: Compensation.

(1) The Minister may prescribe the circumstances in which compensation shall be payable to any person and the procedure and conditions for the payment of compensation under this Act.
(2) Notwithstanding subsection (1) of this section, compensation shall be paid in the following circumstances, that is to say-
(a) where in relation to quarriable minerals to which section 14 of this section relates, which are customarily extracted for purely local purposes from any land over which a lease or licence is granted, the holder of the lease or licence shall pay such amount of compensation as the Chief Inspector may, in his discretion, determine to be reasonable expectation of profits to the owners thereof with respect to the quarriable minerals extracted from the lands;
(b) any person conducting quarrying operation shall, in addition to any other amounts payable under this Act, pay the owner or occupier of private land or the occupier of land held under any lease granted by the Government of the Federation or the subject of a right of occupancy under the Land Use Act such sums as may, be fair and reasonable compensation for any disturbance of the surface rights of such owner or occupier.
Cap. 202.
(c) in addition to compensation payable in accordance with paragraphs (a) and (b) of this subsection, such person shall also pay to the owner of any crops, economic trees, buildings or works damaged, removed or destroyed by him or by any agent or servant of his compensation for such damage, removal or destruction:
Provided that the holder who is paying surface rent in respect of any private land included within the area of his lease or licence shall not be liable to compensation in respect of any building erected, economic trees or crops planted or works constructed on such land after the date on which surface rent began to be payable.
(3) An amount of compensation payable may, subject to the provisions of this Act and in any appropriate case, be determined by agreement between the parties or, if the parties are unable to reach agreement, by the public officer of any State charged with responsibilities for the Local Government or administration of the area who shall as soon as possible assess and determine the amount of the compensation payable at the date of such assessment where necessary, and shall notify the parties of the sum awarded; and such officer may refer any question as to compensation or as to the amount in dispute, to arbitration under this Act in such case and the compensation finally determined shall be paid by the person liable within 14 days of the date on which the amount of the compensation is notified to him.
(4) Notwithstanding anything contained in this Act or in any regulations thereunder, any person who suffers any damage, loss or disturbance of his rights by reason of the operation of any of the provisions of this Act-
(a) shall be entitled to be paid adequate compensation in respect of the damage, loss or disturbance; and
(b) shall be entitled to refer any question as to his interest in the subject-matter of the damage, loss or disturbance and as to the amount of compensation payable for determination by the High Court having jurisdiction in the area in which the subject-matter is situated.