Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 85

85 Compensation to be settled before grant or renewal of mining claim

(1) A mining claim shall not be granted or renewed unless—

(a) compensation has been determined (whether by agreement or by determination of the Land Court) between the applicant and each person who is the owner of land the subject of the application and of any surface access to that land (each an
"interested party" ); or

(b) there is no person (other than the applicant) who is the owner of any of the land referred to in paragraph (a) ;

and the conditions of the agreement or determination have been or are being complied with by the applicant.

(2) For the purposes of subsection (1) (a) , where the Land Court makes a determination of an amount of compensation, that compensation is not determined until—

(a) where no appeal against that determination is lodged within the period prescribed therefor—upon the expiration of that period; or

(b) where an appeal is duly lodged against that determination—upon the determination of that appeal.

(3) An agreement made pursuant to subsection (1) (a) shall not be effective unless and until—

(a) it is in writing signed by or on behalf of the parties; and

(b) it is filed.

(4) For subsection (1) (a) , an interested party may, at any time before compensation is determined by agreement, apply in writing to the Land Court to have the Land Court determine the amount of compensation.

(5) Upon an application made under subsection (4) , the Land Court shall settle the amount of compensation an owner of land is entitled to as compensation for—

(a) deprivation of possession of the surface of land of the owner;

(b) diminution of the value of the land of the owner or any improvements thereon;

(c) diminution of the use made or which may be made of the land of the owner or any improvements thereon;

(d) severance of any part of the land from other parts thereof or from other land of the owner;

(e) any surface rights of access;

(f) all loss or expense that arises;

as a consequence of the grant or renewal of the mining claim.

(6) In assessing the amount of compensation payable under subsection (5) —

(a) where it is necessary for the owner of land to obtain replacement land of a similar productivity, nature and area or resettle himself or herself or relocate his or her livestock and other chattels on other parts of his or her land or on the replacement land, all reasonable costs incurred or likely to be incurred by the owner in obtaining replacement land, the owner’s resettlement and the relocation of the owner’s livestock or other chattels as at the date of the assessment shall be considered;

(b) no allowance shall be made for any minerals that are or may be on or under the surface of the land concerned;

(c) if the owner of land proves that the status and use currently being made (prior to the application for the grant or renewal of the mining claim) of certain land is such that a premium should be applied, an appropriate amount of compensation may be determined;

(d) loss that arises may include loss of profits to the owner calculated by comparison of the usage being made of land prior to the lodgement of the relevant application for the grant or renewal of a mining claim and the usage that could be made of that land after the grant or renewal;

(e) an additional amount shall be determined to reflect the compulsory nature of action taken under this chapter which amount, together with any amount determined pursuant to paragraph (c) , shall be not less than 10% of the aggregate amount determined under subsection (5) .

(7) In any case the Land Court may determine the amounts and the terms, conditions and times when payments aggregating the total compensation payable shall be payable.

(8) The Land Court’s determination of any matter under this section shall be deemed to be an agreement between the parties and shall be given effect accordingly.

(9) The Land Court shall give written notice of its determination to all parties and may make such order as to costs between the parties to the determination as it thinks fit.

(10) An amount of compensation decided by agreement between the parties or the Land Court is binding on the parties and the parties’ personal representatives, successors and assigns.