Mineral Resources (Sustainable Development) Act 1990

Subject to subsection (2), compensation is payable by the Minister to the owner or occupier of private land for any loss or damage sustained as a direct, natural and reasonable consequence of an action taken under section 110AB, including—

deprivation of possession of the whole or any part of the surface of the land; and

damage to the surface of the land; and

damage to any improvements on the land; and

severance of the land from other land of the owner or occupier; and

loss of amenity, including recreation and conservation values; and

loss of opportunity to make any planned improvement on the land; and

any decrease in the market value of the owner or occupier's interest in the land.

Subsection (1) does not apply if the owner or occupier of the land is the holder of the authority subject to the order or injunction in relation to which the action under section 110AB was taken.

An owner or occupier of land may—

apply to the Tribunal for determination of a disputed claim for compensation under subsection (1); or

refer a disputed claim for compensation under subsection (1) to the Supreme Court for determination—

In its application to a claim referred under subsection (3), Part 10 of the Land Acquisition and Compensation Act 1986 has effect as if—

it required the Tribunal or the Court (as the case requires) in determining the compensation payable to have regard to the provisions of this Part; and

section 91(1) of that Act provided that the Minister must pay the Minister's own costs and the costs of the owner or occupier unless the owner or occupier has been frivolous or vexatious or has otherwise acted unreasonably, in which case the Tribunal or the Court (as the case requires) may, subject to that section, award such costs as it thinks proper.