Orders protecting adjacent authorities and mineral claims
297 Orders protecting adjacent authorities and mineral claims
The holder of an authority or mineral claim over land which is adjacent to—
land that is the subject of an injunction, or
land on which is located property that is the subject of an injunction,
may apply to the Land and Environment Court for an order permitting the land or property under injunction to be worked so as to prevent or minimise damage to or depreciation of the land over which the authority or mineral claim is held.
The Land and Environment Court—
may order, on such terms as the Court thinks fit, such working of that land or property as in the Court’s opinion will be sufficient to prevent that damage or depreciation, and
may make such further order as to the cost of that working as the Court considers just.
An order may not be made under this section unless the applicant shows to the satisfaction of the Land and Environment Court that the authority or mineral claim concerned will sustain damage or be materially depreciated in value by reason of the non-working of the land or property under injunction.
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