AustLII Tasmanian Consolidated Acts

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MINERAL RESOURCES DEVELOPMENT ACT 1995 - SECT 144

PART 8 - Compensation Division 1 - Private land Compensation for compensable loss

(1)  Compensation is payable by the licensee or lessee to the owner or occupier of private land or a holder of a forestry right for any compensable loss suffered or likely to be suffered as a consequence of exploration or mining under the licence or lease.
(2)  Compensation is not payable –
(a) for the value of any mineral in or under the surface of land comprised in a licence or lease; or
(b) in respect of any land which became private land after the commencement of work or mining on that land under the licence or lease.
(3)  Compensation is payable at a rate –
(a) specified in a compensation agreement; or
(b) if there is no agreement, determined by the Mining Tribunal under section 150 .
(4)  The amount of compensation payable –
(a) is not affected by any subsequent change in the ownership or occupancy of the land; and
(b) must not be greater if the land is owned and occupied by different persons than if it is not.



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