Victorian Consolidated Legislation

Extractive Industries Development Act 1995 - SECT 29

Compensation

29. Compensation



(1) The Crown must compensate the owner or occupier of any land in respect of
which a search authority was granted under section 13 for damage sustained by
the owner or occupier to crops or improvements, including permanent artificial
water supply, by reason of any operation carried out on that land under the
search authority.

(2) The holder of a search authority must not commence any surveys or
operations on any land unless the Crown has paid or tendered to the owner and
to the occupier of the land the amount of compensation (if any) in each case
that is agreed on by the Crown and the owner or occupier (as the case may be)
or, in default of agreement, as is determined by the Magistrates' Court in
accordance with subsection (6).

(3) The Crown may treat and agree with the owner or occupier with respect to
the amount of compensation to be paid.

(4) An agreement is not valid unless it is in writing signed by the parties
and a copy is lodged with the Secretary.

(5) At least 28 days before the holder of a search authority commences to
search for stone on any land he or she must notify the owner of the land or
the owner and the occupier of his or her intention to do so.





(6) If within 21 days after notice of intention to commence to search for
stone on any land has been given the parties have not agreed upon the
compensation to be paid the amount may upon the application of either party be
determined by the Magistrates' Court.