Minerals Development Act 2017
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Compensation upon grant of ancillary surface rights licence over State land | ||
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130. (1) The licensee under the ancillary surface rights licence shall pay compensation to the Minister in an amount that is equivalent to the compensation that would have been payable if the licence applied to private land. | ||
(2) The licensee and the Minister shall, within 45 days after the licence is granted, provide to each other a statement setting out an amount they consider to be fair compensation. | ||
(3) The licensee and the Minister may agree the amount of compensation payable under subsection (1) and such amount may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction. | ||
(4) In default of agreement, the compensation payable under subsection (1) shall be determined by the Mining Board. | ||
(5) If the compensation awarded by the Mining Board is equal to or less than the amount that the licensee set out in the statement provided under subsection (2), the Board may, if the Board considers it appropriate to do so, order the Minister to bear his or her own costs and to pay the costs of the licensee in so far as those costs were incurred after the statement was provided. | ||
(6) If the compensation awarded by the Mining Board is equal to or exceeds the amount that the Minister set out in the statement provided under subsection (2), the Board may, if the Board considers it appropriate to do so, order the licensee to bear his or her own costs and to pay the costs of the Minister in so far as those costs were incurred after the statement was provided. | ||
(7) The Minister may apply regulations under section 127 to compensation awarded by the Mining Board under this section. | ||
(8) The Minister’s right to compensation under subsection (1) is extinguished if an application to determine the amount of the compensation is not submitted to the Mining Board within 12 months after the ancillary surface rights licence has been granted. |