Right to require acquisition of land
62A Right to require acquisition of land
If the activities of a tenement holder on land substantially impair the owner's use and enjoyment of the land, the owner may apply to the Supreme
Court for an order under this section.
The Court may, on an application under this section, if the Court considers it to be just and appropriate in the circumstances of the particular case—
make an order transferring the owner's land to the holder of the relevant mineral tenement; and
order the holder of the relevant mineral tenement to pay to the owner, by way of compensation, after taking into account (to such extent as the
Court considers appropriate) any compensation or other amounts that have been paid to the owner under the other provisions of this Act—
an amount equivalent to the market value of the land;
and
a further amount the Court considers just by way of compensation for disturbance; and
make such other ancillary or related orders as the Court thinks fit.
This section does not apply in relation to an exploration licence.
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