Queensland Numbered Acts

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MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 81

81 General liability to compensate

(1) A resource authority holder is liable to compensate each owner and occupier of private land or public land that is in the authorised area of, or is access land for, the resource authority (each an eligible claimant) for any compensatable effect the eligible claimant suffers caused by authorised activities carried out by the holder or a person authorised by the holder.

(2) The resource authority holder's liability to compensate an eligible claimant is the holder's compensation liability to the claimant.

(3) This section does not apply in relation to a public land authority for a notifiable road use.

(4) In this section—

compensatable effect means all or any of the following—

(a) all or any of the following relating to the eligible claimant's land—
(i) deprivation of possession of its surface;
(ii) diminution of its value;
(iii) diminution of the use made or that may be made of the land or any improvement on it;
(iv) severance of any part of the land from other parts of the land or from other land that the eligible claimant owns;
(v) any cost, damage or loss arising from the carrying out of activities under the resource authority on the land;
(b) accounting, legal or valuation costs the claimant necessarily and reasonably incurs to negotiate or prepare a conduct and compensation agreement, other than the costs of a person facilitating an ADR;
Examples of negotiation—
an ADR or conference
(c) consequential damages the eligible claimant incurs because of a matter mentioned in paragraph (a) or (b).


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