MINING ACT 1992 - SECT 297
Orders protecting adjacent authorities and mineral claims
MINING ACT 1992 - SECT 297
Orders protecting adjacent authorities and mineral claims
297 Orders protecting adjacent authorities and mineral claims
(1) The holder
of an authority or mineral claim over land which is adjacent to--
(a) land
that is the subject of an injunction, or
(b) land on which is located
property that is the subject of an injunction,
may apply to the Land and
Environment Court for an order permitting the land or property under
injunction to be worked so as to prevent or minimise damage to or depreciation
of the land over which the authority or mineral claim is held.
(2) The Land
and Environment Court--
(a) may order, on such terms as the Court thinks fit,
such working of that land or property as in the Court's opinion will be
sufficient to prevent that damage or depreciation, and
(b) may make such
further order as to the cost of that working as the Court considers just.
(3)
An order may not be made under this section unless the applicant shows to the
satisfaction of the Land and Environment Court that the authority or mineral
claim concerned will sustain damage or be materially depreciated in value by
reason of the non-working of the land or property under injunction.
