New South Wales Consolidated Acts

MINING ACT 1992 - SECT 276

276 Additional assessment

(1) If, after an assessment of compensation has been made, it is proved to the satisfaction of the Land and Environment Court--

(a) that the whole of the amount paid into court under this Part has been duly paid out, and

(b) that further compensable loss has been caused, or is likely to be caused, in respect of the land to which the assessment relates, or to other land,

the Court must, on the application of any of the parties concerned, assess that loss and order that the amount so assessed be paid by the holder of the authorisation to which the assessment relates, within the time and to the persons specified in the order.

(2) If it is proved to the satisfaction of the Land and Environment Court--

(a) that an access arrangement does not make provision for or with respect to compensation, and

(b) that compensable loss has been caused, or is likely to be caused, in respect of the land to which the arrangement relates,

the Court must, on the application of any of the parties concerned, assess that loss and order that the amount so assessed be paid by the holder of the authorisation to which the assessment relates, within the time and to the persons specified in the order.

(3) If it is proved to the satisfaction of the Land and Environment Court--

(a) that the whole of the amount assessed by or in accordance with an access arrangement determined by an arbitrator as referred to in section 140 (1) (b) has been paid in accordance with the arrangement, and

(b) that further compensable loss has been caused, or is likely to be caused, in respect of the land to which the assessment relates or to other land,

the Court must, on the application of any of the parties concerned, assess that loss and order that the amount so assessed be paid by the holder of the authorisation to which the assessment relates, within the time and to the persons specified in the order.

(4) The Land and Environment Court's decision on such an application has effect as an assessment of compensation under this Division.

(5) In making an assessment of compensation, the Land and Environment Court must have regard to--

(a) any previous compensation agreement between the parties under this Division, and

(b) any current or previous access arrangement between the parties that was determined, or taken to have been determined, by an arbitrator under Part 8, and

(c) any previous assessment under this Division of compensation payable to the landholder,

with respect to the land to which the current assessment relates.