Mineral Resources Act 1989

This section applies if—

compensation has been agreed under section 279 or 280 or determined under section 281 or 282 for a mining lease (the original compensation); and

there has, since the agreement or determination, been a material change in circumstances for the mining lease.

The mining lease holder or any owner in relation to the mining lease mentioned in section 279(1)(a) or 280(1) may apply to the Land Court for it to review the original compensation.

Sections 281(3) to (7), 282 and 282A apply, with necessary changes, to the review as if it were an application under section 281(1).

The Land Court may, after conducting the review, decide to confirm the original compensation or amend it in a way the Land Court considers appropriate.

However, before making the decision, the Land Court must have regard to—

the original compensation, other than any part of it that consists of an additional amount under section 281(4)(e); and

whether the applicant has attempted to mediate or negotiate an amendment agreement for the original compensation; and

any change in the matters mentioned in section 281(3) and (4) since the original compensation was agreed or determined.

If the decision is to amend the original compensation, the original compensation, as amended under the decision, is for this Act, other than this section, taken to be the original compensation.