Compensation for acquisition of minerals
4 Compensation for acquisition of minerals
Subject to this section, the Commonwealth is liable to pay to a person who had a right, title or interest in any minerals acquired by section 3 such compensation as is agreed on between the Commonwealth and that person or is determined by action by that person against the
Commonwealth in the Supreme Court.
A person is not entitled to compensation under this section in respect of minerals of any nature on or below the surface of any land unless, on or before 31 December 1954, he lodges with the
Administrator a claim in writing for compensation in respect of minerals of that nature on or below the surface of that land, specifying the land in relation to which the claim is made, the nature of the minerals in respect of which compensation is claimed, the nature of his right, title or interest in the minerals, the amount of compensation claimed, and his address in the Territory for service.
If, at any time after a person has lodged a claim under this section, the Administrator serves on that person a notice in writing that he is satisfied that no agreement, or no further agreement, can be reached in respect of the claim, an action by that person against the Commonwealth under this section for compensation in respect of any minerals of a nature specified in the claim, on or below the surface of the land referred to in the claim, shall not be instituted later than one month after service of that notice.
Where an action has been instituted under this section in the
Supreme Court, and, upon application by the Commonwealth for an order under this subsection, the Court is not satisfied that the person claiming compensation is diligently prosecuting the action, the Court may dismiss the action for want of prosecution.
Where an action brought by a person in relation to minerals of any nature on or below the surface of any land is dismissed under subsection (4), no further action by that person under this section lies in relation to minerals of that nature on or below the surface of that land.
No appeal lies from the decision of the Supreme Court in an action under this section.
A notice by the Administrator for the purposes of this section may be served on the claimant by post at his address in the Territory for service set out in the claim lodged with the Administrator.
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