sec.279Compensation generally

### sec.279 Compensation generally A mining lease shall not be granted or renewed, and an application under section 275A must not be granted for the surface of restricted land to be included in a mining lease, unless— compensation has been determined (whether by agreement or by determination of the Land Court) between the applicant and each person who is the owner of land the surface of which is the subject of the application and of any surface access to the mining lease land; or there is no person (other than the applicant) who is the owner of any of the land referred to in paragraph (a) ; and the conditions of the agreement or determination have been or are being complied with by the applicant. For the purposes of subsection (1) (a) where the Land Court makes a determination of an amount of compensation, that compensation is not determined until— where no appeal against that determination is lodged within the period prescribed therefor—upon the expiration of that period; or where an appeal is duly lodged against that determination—upon the determination of the appeal. An agreement made pursuant to subsection (1) (a) shall not be effective unless and until— it is in writing signed by or on behalf of the parties; and it is filed. s 279 amd 1999 No. 7 s 87 sch 3 ; 2005 No. 8 s 2 sch ; 2007 No. 39 s 41 sch ; 2010 No. 17 s 53 ; 2012 No. 20 s 281 sch 2 ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 115 (sec.279-ssec.1) A mining lease shall not be granted or renewed, and an application under section 275A must not be granted for the surface of restricted land to be included in a mining lease, unless— compensation has been determined (whether by agreement or by determination of the Land Court) between the applicant and each person who is the owner of land the surface of which is the subject of the application and of any surface access to the mining lease land; or there is no person (other than the applicant) who is the owner of any of the land referred to in paragraph (a) ; and the conditions of the agreement or determination have been or are being complied with by the applicant. (sec.279-ssec.2) For the purposes of subsection (1) (a) where the Land Court makes a determination of an amount of compensation, that compensation is not determined until— where no appeal against that determination is lodged within the period prescribed therefor—upon the expiration of that period; or where an appeal is duly lodged against that determination—upon the determination of the appeal. (sec.279-ssec.3) An agreement made pursuant to subsection (1) (a) shall not be effective unless and until— it is in writing signed by or on behalf of the parties; and it is filed. - (a) compensation has been determined (whether by agreement or by determination of the Land Court) between the applicant and each person who is the owner of land the surface of which is the subject of the application and of any surface access to the mining lease land; or - (b) there is no person (other than the applicant) who is the owner of any of the land referred to in paragraph (a) ; - (a) where no appeal against that determination is lodged within the period prescribed therefor—upon the expiration of that period; or - (b) where an appeal is duly lodged against that determination—upon the determination of the appeal. - (a) it is in writing signed by or on behalf of the parties; and - (b) it is filed.