MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 85 What compensation is payable for

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 85

S. 85(1) amended by No. 59/2010 s. 46(1).

    (1)     Compensation is payable by the licensee to the owner or occupier of private land that is land affected for any loss or damage that has been or will be sustained as a direct, natural and reasonable consequence of the approval of the work plan or the doing of work under the licence including—

        (a)     deprivation of possession of the whole or any part of the surface of the land; and

        (b)     damage to the surface of the land; and

        (c)     damage to any improvements on the land; and

        (d)     severance of the land from other land of the owner or occupier; and

        (e)     loss of amenity, including recreation and conservation values; and

        (f)     loss of opportunity to make any planned improvement on the land; and

S. 85(1)(g) amended by No. 82/2000 s. 57(1).

        (g)     any decrease in the market value of the owner or occupier's interest in the land; and

S. 85(1)(h) inserted by No. 82/2000 s. 57(1).

        (h)     loss of opportunity to use tailings disposed of with the consent of the Minister under section 14(2).

S. 85(1A) inserted by No. 59/2010 s. 46(2).

    (1A)     Compensation is payable by the licensee to the owner or occupier of private land that is not land affected for any loss or damage that has been or will be sustained as a direct, natural and reasonable consequence of the approval of the work plan or the doing of work under the licence including—

        (a)     damage to the surface of the land; and

        (b)     damage to any improvements on the land; and

        (c)     severance of the land from other land of the owner or occupier; and

        (d)     loss of amenity, including recreation and conservation values; and

        (e)     loss of opportunity to make any planned improvement on the land; and

        (f)     any decrease in the market value of the owner or occupier's interest in the land.

    (2)     The amount of compensation payable under subsection (1)—

        (a)     must, if it is necessary for the owner or occupier of land to obtain replacement land, take account of the reasonable incidental expenses incurred in obtaining and moving to that land; and

        (b)     may be increased by up to 10% by way of solatium to compensate the owner or occupier for intangible and non-pecuniary disadvantages that are not otherwise compensable and that result from the approval of the work plan or the doing of work under the licence.

S. 85(2A) inserted by No. 6/2009 s. 30.

    (2A)     The holder of an extractive industry work authority is entitled to compensation under this section only for the deprivation of possession of the whole or any part of the surface of the land and for the loss of opportunity to extract stone from the whole or any part of the land.

    (3)     Compensation is not payable for the value of any mineral in or under the surface of land covered by a licence.

    (4)     Any amount of compensation paid, agreed to be paid or determined under this Part is not affected by any subsequent change in the ownership or occupancy of the land.

    (5)     A licensee is not liable to pay any greater total amount of compensation because of a change in the ownership or occupancy of the land.

    (6)     Compensation is not payable in respect of any land which only became private land after the commencement of work on that land under the licence.

S. 85A

inserted by No. 82/2000 s. 58.