38No compensation for gold, minerals or pastoral licences

38 No compensation for gold, minerals or pastoral licences S. 38(1) substituted by No. 92/1990 s. 128(Sch. 1 item 14.1), amended by No. 63/2006 s. 61(Sch. item 18). (1) For the purposes of this Act, a licensee under the **Mineral Resources (Sustainable Development) Act 1990** is not entitled to compensation for the value of any mineral in or under the surface of any acquired land. (2) For the purposes of this Act, the holder of any licence from the Crown, the Governor or the Minister for the time being administering the **Land Act 1958** is to be considered as a tenant from year to year. S. 38(3) amended by Nos 92/1990 s. 128(Sch. 1 item 14.2(a) (b)), 63/2006 s. 61(Sch. item 18). (3) Despite anything to the contrary in this Act, a licensee under the **Mineral Resources (Sustainable Development) Act 1990** is not entitled to claim compensation if the licence contains a condition or power enabling the Governor in Council to resume the whole or any portion of the land covered by the licence without compensation if it is required for public purposes. (4) Despite anything to the contrary in this Act, a licensee of Crown lands for pastoral purposes is not entitled to compensation in respect of land held under the licence and acquired pursuant to this Act. (5) Despite anything to the contrary in this Act, if— S. 38(5)(a) amended by No. 53/1988 s. 45(Sch. 3 item 21) (as amended by No. 47/1989 s. 23(2)). (a) land is subdivided into holdings, allotments or lots abutting back to back or side to back without any passage or right-of-way between them; and S. 38(5)(b) amended by No. 53/1988 s. 45(Sch. 3 item 21) (as amended by No. 47/1989 s. 23(2)). (b) the Authority is empowered under the special Act to make or provide a drain or sewer for the drainage of the holdings, allotments or lots— no compensation is payable in respect of the drain or sewer or its making or provision except in relation to any building that is injured or interfered with and which the Authority has not reinstated or repaired.