QLDIn ForceAct
Mineral and Energy Resources (Common Provisions) Act 2014
sec.81General liability to compensate
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### sec.81 General liability to compensate
A resource authority holder is liable to compensate the following persons (each an eligible claimant ) for each compensatable effect suffered by the eligible claimant because of the holder—
an owner or occupier of private land that is—
in the authorised area of the resource authority; or
access land for the resource authority;
an owner or occupier of public land that is—
in the authorised area of the resource authority; or
access land for the resource authority.
The resource authority holder’s liability to compensate an eligible claimant under subsection (1) is the resource authority holder’s compensation liability to the eligible claimant.
This section does not apply to a public road authority for a notifiable road use.
In this section—
compensatable effect , suffered by an eligible claimant because of a resource authority holder, means—
any of the following caused by the holder, or a person authorised by the holder, carrying out authorised activities on the eligible claimant’s land—
deprivation of possession of the land’s surface;
diminution of the land’s value;
diminution of the use made, or that may be made, of the land or any improvement on it;
severance of any part of the land from other parts of the land or from other land that the eligible claimant owns;
any cost, damage or loss arising from the carrying out of activities under the resource authority on the land; and
consequential loss incurred by the eligible claimant arising out of a matter mentioned in paragraph (a) .
s 81 sub 2018 No. 24 s 38
(sec.81-ssec.1) A resource authority holder is liable to compensate the following persons (each an eligible claimant ) for each compensatable effect suffered by the eligible claimant because of the holder— an owner or occupier of private land that is— in the authorised area of the resource authority; or access land for the resource authority; an owner or occupier of public land that is— in the authorised area of the resource authority; or access land for the resource authority.
(sec.81-ssec.2) The resource authority holder’s liability to compensate an eligible claimant under subsection (1) is the resource authority holder’s compensation liability to the eligible claimant.
(sec.81-ssec.3) This section does not apply to a public road authority for a notifiable road use.
(sec.81-ssec.4) In this section— compensatable effect , suffered by an eligible claimant because of a resource authority holder, means— any of the following caused by the holder, or a person authorised by the holder, carrying out authorised activities on the eligible claimant’s land— deprivation of possession of the land’s surface; diminution of the land’s value; diminution of the use made, or that may be made, of the land or any improvement on it; severance of any part of the land from other parts of the land or from other land that the eligible claimant owns; any cost, damage or loss arising from the carrying out of activities under the resource authority on the land; and consequential loss incurred by the eligible claimant arising out of a matter mentioned in paragraph (a) .
- (a) an owner or occupier of private land that is— (i) in the authorised area of the resource authority; or (ii) access land for the resource authority;
- (i) in the authorised area of the resource authority; or
- (ii) access land for the resource authority;
- (b) an owner or occupier of public land that is— (i) in the authorised area of the resource authority; or (ii) access land for the resource authority.
- (i) in the authorised area of the resource authority; or
- (ii) access land for the resource authority.
- (i) in the authorised area of the resource authority; or
- (ii) access land for the resource authority;
- (i) in the authorised area of the resource authority; or
- (ii) access land for the resource authority.
- (a) any of the following caused by the holder, or a person authorised by the holder, carrying out authorised activities on the eligible claimant’s land— (i) deprivation of possession of the land’s surface; (ii) diminution of the land’s value; (iii) diminution of the use made, or that may be made, of the land or any improvement on it; (iv) severance of any part of the land from other parts of the land or from other land that the eligible claimant owns; (v) any cost, damage or loss arising from the carrying out of activities under the resource authority on the land; and
- (i) deprivation of possession of the land’s surface;
- (ii) diminution of the land’s value;
- (iii) diminution of the use made, or that may be made, of the land or any improvement on it;
- (iv) severance of any part of the land from other parts of the land or from other land that the eligible claimant owns;
- (v) any cost, damage or loss arising from the carrying out of activities under the resource authority on the land; and
- (b) consequential loss incurred by the eligible claimant arising out of a matter mentioned in paragraph (a) .
- (i) deprivation of possession of the land’s surface;
- (ii) diminution of the land’s value;
- (iii) diminution of the use made, or that may be made, of the land or any improvement on it;
- (iv) severance of any part of the land from other parts of the land or from other land that the eligible claimant owns;
- (v) any cost, damage or loss arising from the carrying out of activities under the resource authority on the land; and