Mineral Resources Act 1989

The Land Court has jurisdiction to hear and decide a proceeding about the following matters under a condition of a mining lease requiring compliance with the At Risk agreement—

whether hardship, as defined under the agreement, exists;

the fair market value of a property for the purposes of the agreement.

In a proceeding under subsection (1)(a), the Land Court must consider—

all relevant matters put before the committee in any mediation under the agreement; and

the final recommendation made by the committee in the mediation.

In a proceeding, a copy of the agreement as at a particular date, certified as a true copy by the chief executive, is admissible as evidence of the agreement at that date until the contrary is proved.

Despite the Limitation of Actions Act 1974, a proceeding must start—

for a matter that arose before the commencement of this section—within 1 year after the commencement; or

for a matter that arose after the commencement of this section—within 1 year after the committee gives notice of its final recommendation about whether hardship, as defined under the agreement, exists.

In this section—