Mining Compensation Agreement

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The applicant argued that the compensation to be paid should be shared with another mining company that used the access rail. The Tribunal accepted this argument and concluded that the applicant`s contribution to a potential loss should not exceed 50%. This was a contentious issue, as compensation was estimated at zero. In southern Australia, most minerals are held by the crown. Under the Mining Act, the Crown (i.e. the State of South Australia) concedes the promotion and promotion of these minerals in exchange for payment of royalties to the state. However, in many cases, these minerals are found beneath the surface of private properties. The general description of compensation to be paid means that certain types of losses and disruptions can be compensated. Compensation can be extended, for example. B, from payment for each well to compensation for the loss of the net profit of an entire driver`s bearing if mining activities prevent the use of the driver`s bearing. Corella Valley Corporation Pty Ltd/Campbell [2019] QLC 44 concerned compensation owed to a landowner in connection with an application for extension of access to two mining leases filed by Corella Valley Corporation Pty Ltd (applicant).

The Land Court of Queensland has concluded that there is no compensation to be paid: if this does not solve the problem, contact the resource community infoline. We will investigate and take compliance measures against the minor. Please note that we cannot take compliance measures for breach of conditions in a compensation agreement. To enforce these conditions, you must go to the regional court. The mining debt or lease is conditional on the payment of the agreed amount of compensation, if necessary under the agreement or the decision of the Landgericht. In reviewing the award to be paid, the Court had to consider the views set out in section 281 (3) of the Mineral Resource Act 1989 (Qld) (MRA) that linked any compensation to losses or expenses resulting from the applicant`s use of the land (to [4]). If the minor does not comply, for example, does not pay rates on time, or has not agreed to install a fence as compensation, then you should discuss it with the minor. This guide does not provide legal advice. You should consult a lawyer independently before signing an agreement. We also advise you to get advice from your accountant on tax and GST issues relating to possible compensation.

The applicant requested that its access to the mining leases be extended by a period of two years from May 1, 2018, but was unable to agree on the compensation to be paid to the landowner for the renewed access. “The owner of all the land on which mining is practised under this Act is entitled to compensation for all economic losses, hardships and inconveniences caused by mining.” The Court does not have the power to compensate a landowner for the costs incurred by the landowner in negotiating an access contract.