MINING ACT 1992 - SECT 298
Court may order payment of money or delivery of mineral
MINING ACT 1992 - SECT 298
Court may order payment of money or delivery of mineral
298 Court may order payment of money or delivery of mineral
(1) If any money
or mineral is claimed in the Land and Environment Court, the Court may order
the payment of such money or the delivery of such mineral as it may find to be
due or deliverable by one party to another.
(2) If such a claim arises out of
a mining partnership, adventure or interest, the Land and Environment Court
may take accounts in respect of that partnership, adventure or interest, to
the extent to which it may be necessary to ascertain what money or mineral (if
any) is so due by one party to the other, and may make such further order as
it considers just.
(3) If the Land and Environment Court orders payment of
money in respect of any debt, damages, costs or otherwise, the Court may make
a further order--
(a) that any mineral in the possession, and being the
property, of the party directed to make the payment must (to the extent in
value of the payment as estimated by the Court) be delivered up to the party
entitled to the payment, and
(b) that the mineral to that extent be seized
and delivered accordingly.
(4) If such a further order is made, the order for
payment of money may only be enforced in respect of any balance remaining due
after deducting the value of the mineral so delivered to the party entitled to
payment.
