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Mineral and Energy Resources (Common Provisions) Act 2014
sec.98Additional jurisdiction for compensation, conduct and related matters
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### sec.98 Additional jurisdiction for compensation, conduct and related matters
This section applies to a resource authority holder and an eligible claimant (the parties ) if any of the following apply—
the holder has carried out a preliminary activity;
there is a conduct and compensation agreement or deferral agreement between the parties.
The Land Court may do all or any of the following—
assess all or part of the relevant resource authority holder’s compensation liability to the eligible claimant;
decide a matter related to the compensation liability;
declare whether or not a proposed authorised activity for the relevant resource authority would, if carried out, interfere with the carrying out of lawful activities by the eligible claimant;
make any order it considers necessary or desirable for a matter mentioned in paragraph (a) , (b) or (c) .
The Land Court declares that a particular proposed authorised activity interferes with the carrying out of lawful activities by the eligible claimant. It may also order that a stated modification of, or reduction in, the activity would remove the interference.
s 98 amd 2018 No. 24 s 54
(sec.98-ssec.1) This section applies to a resource authority holder and an eligible claimant (the parties ) if any of the following apply— the holder has carried out a preliminary activity; there is a conduct and compensation agreement or deferral agreement between the parties.
(sec.98-ssec.2) The Land Court may do all or any of the following— assess all or part of the relevant resource authority holder’s compensation liability to the eligible claimant; decide a matter related to the compensation liability; declare whether or not a proposed authorised activity for the relevant resource authority would, if carried out, interfere with the carrying out of lawful activities by the eligible claimant; make any order it considers necessary or desirable for a matter mentioned in paragraph (a) , (b) or (c) . The Land Court declares that a particular proposed authorised activity interferes with the carrying out of lawful activities by the eligible claimant. It may also order that a stated modification of, or reduction in, the activity would remove the interference.
- (a) the holder has carried out a preliminary activity;
- (b) there is a conduct and compensation agreement or deferral agreement between the parties.
- (a) assess all or part of the relevant resource authority holder’s compensation liability to the eligible claimant;
- (b) decide a matter related to the compensation liability;
- (c) declare whether or not a proposed authorised activity for the relevant resource authority would, if carried out, interfere with the carrying out of lawful activities by the eligible claimant;
- (d) make any order it considers necessary or desirable for a matter mentioned in paragraph (a) , (b) or (c) . Example— The Land Court declares that a particular proposed authorised activity interferes with the carrying out of lawful activities by the eligible claimant. It may also order that a stated modification of, or reduction in, the activity would remove the interference.