New South Wales Consolidated Acts

MINING ACT 1992 - SECT 281

281 Compensation for further loss

(1) If--

(a) compensation has been assessed or agreed on under this Part in respect of an existing lease that is consolidated under Part 6, and

(b) the date of expiry of the consolidated mining lease is later than the date on which the existing lease would have expired if it had not been consolidated, and

(c) it is proved to the satisfaction of the Land and Environment Court that--

(i) further loss has been caused in respect of the land to which the assessment or agreement related, or in respect of other land, after the date on which the existing lease would have so expired, being compensable loss within the meaning of Division 1, and

(ii) in the case of an assessment, the whole of the amount paid into court pursuant to this Part has been duly paid out,

the Court is to assess the loss in accordance with Division 3 and order that the amount so assessed be paid by the holder of the consolidated mining lease to which the assessment relates, within the time and to the persons specified in the order.

(2) The provisions of section 276 have effect with respect to a consolidated mining lease even though the assessment referred to in that section relates to an existing lease that has been consolidated under Part 6.