MINERAL RESOURCES DEVELOPMENT ACT 1995 - SECT 147 Compensation for damage to improvements
MINERAL RESOURCES DEVELOPMENT ACT 1995 - SECT 147
Division 2 - Crown land Compensation for damage to improvements
(1) Compensation is payable by a licensee or lessee to the Crown for any damage to any improvement on the land carried out by or for the Crown if the improvement was carried out (a) before the lease or licence was issued; or(b) after consultation with the licensee or lessee.(2) Compensation is payable by a licensee or lessee to a Crown lessee or Crown licensee or a holder of a forestry right for any damage to any improvement on the land if(a) the improvement was approved under the Crown Lands Act 1976 , the Forest Management Act 2013 or the Living Marine Resources Management Act 1995 ; and(b) the improvement was carried out(i) before the lease or licence was issued; or(ii) after consultation with the licensee or lessee.(3) This section applies (a) to Crown land if a Crown licence or Crown lease in respect of that land has been cancelled because of the damage; and(b) to a person who has ceased to be a licensee or lessee after the damage has occurred.(4) Compensation is payable at a rate (a) agreed to by the parties under section 148 ; or(b) if there is no agreement, determined by the Mining Tribunal under section 150 .