New South Wales Consolidated Acts

MINING ACT 1992 - SECT 265

265 Compensation arising under mining lease

(1) On the granting of a mining lease, a landholder of any land (whether or not subject to the lease) becomes entitled to compensation for any compensable loss suffered, or likely to be suffered, by the landholder as a result of the exercise of the rights conferred by the lease.

(2) The holder of a mining lease may agree with a landholder as to the amount of compensation payable, but an agreement reached is not valid unless it is in writing, signed by or on behalf of the parties to the agreement.

(3) If a valid agreement is not entered into under this section within such period as may be prescribed by the regulations, the holder of a mining lease, or a landholder of land, may apply to the Land and Environment Court to assess the amount of compensation payable, and the Court is to assess the compensation payable.

(4) The holder of a mining lease is not authorised to exercise any rights under the lease on the surface of any part of the mining area unless the amount of any compensation payable to a landholder under subsection (1) in respect of that part of the mining area is the subject of a valid agreement or of an assessment made by the Land and Environment Court.

(5) If, immediately before the grant of a mining lease any part of the mining area was, or was in, an authorisation area and the subject of a valid agreement under this Division (an
"existing agreement" ), a valid agreement is taken to have been entered into in relation to that part for the purpose of this section, if the holder of the mining lease--

(a) was the holder of the authorisation immediately before the grant of the mining lease, or

(b) is the assignee of the rights under the existing agreement.

(6) Subsection (5) ceases to apply to a part of a mining area if a subsequent valid agreement is entered into, or the Land and Environment Court makes an assessment of compensation payable, in relation to that part.