Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 346

346 Land Court’s decision about compensation

(1) This section applies if the chief executive refers a matter to the Land Court under section 345 (4) .

(2) The Land Court must fix a date for the hearing and immediately give written notice of the date to—

(a) the chief executive; and

(b) each person mentioned in section 345 (1) (a) .

(3) The date for the hearing must be at least 20 business days after the day it is fixed.

(4) The Land Court must settle the amount of compensation an owner of land is entitled to as compensation for the matters mentioned in section 281 (3) (a) (i) to (vi) as a consequence of the grant of the authorisation to enter the land.

(5) In assessing the amount of compensation payable, section 281 (4) (a) to (e) applies—

(a) as if the reference in section 281 (4) (c) to the application for the grant of the mining lease were a reference to the grant of the authorisation to enter the land; and

(b) as if the reference in section 281 (4) (d) to the lodgement of the relevant application for the grant of a mining lease were a reference to the grant of the authorisation to enter the land; and

(c) as if the reference in section 281 (4) (e) to subsection (3) were a reference to subsection (2) of this section; and

(d) with any other changes the Land Court considers necessary.

(6) Section 281 (5) , (6) and (7) applies in relation to the Land Court’s decision about compensation.