New South Wales Consolidated Acts

MINING ACT 1992 - SECT 148C

148C Costs of landholder participation in mediation and arbitration

(1) The holder of the prospecting title must pay the reasonable costs of the landholder of the land concerned in participating in the mediation and arbitration.

(2) The maximum amount of reasonable costs is the amount set out by the Minister by order published in the Gazette.

(3) In making the order, the Minister must have regard to the following--

(a) time spent participating in the mediation and arbitration,

(b) legal costs in participating in the mediation and arbitration,

(c) costs of engaging experts as part of the mediation and arbitration process.

(4) Nothing in this section prevents a holder of a prospecting title, at the holder's discretion, paying other amounts to a landholder.

(5) An order relating to costs may--

(a) apply generally or be limited in its application by reference to specified exceptions or factors, or

(b) apply differently according to different factors of a specified kind, or

(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,

or may do any combination of those things.