sec.281Determination of compensation by Land Court

### sec.281 Determination of compensation by Land Court At any time before an agreement is made under section 279 or 280 , a person who could be a party to the agreement may apply in writing to the Land Court to have the Land Court determine the amount of compensation. The persons who could be parties to the agreement may also agree to participate in ADR under sections 283C to 283F to determine the amount of compensation. The Land Court is hereby authorised to hear and determine matters referred to in subsection (1) . Upon an application made under subsection (1) , the Land Court shall settle the amount of compensation an owner of land is entitled to as compensation for— in the case of compensation referred to in section 279 — deprivation of possession of the surface of land of the owner; diminution of the value of the land of the owner or any improvements thereon; diminution of the use made or which may be made of the land of the owner or any improvements thereon; severance of any part of the land from other parts thereof or from other land of the owner; any surface rights of access; all loss or expense that arises; as a consequence of the grant or renewal of the mining lease; and in the case of compensation referred to in section 280 — diminution of the value of the land of the owner or any improvements thereon; diminution of the use made or which may be made of the land of the owner or any improvements thereon; all loss or expense that arises; as a consequence of the grant or renewal of the mining lease. In assessing the amount of compensation payable under subsection (3) — where it is necessary for the owner of land to obtain replacement land of a similar productivity, nature and area or resettle himself or herself or relocate his or her livestock and other chattels on other parts of his or her land or on the replacement land, all reasonable costs incurred or likely to be incurred by the owner in obtaining replacement land, the owner’s resettlement and the relocation of the owner’s livestock or other chattels as at the date of the assessment shall be considered; no allowance shall be made for any minerals that are or may be on or under the surface of the land concerned; if the owner of land proves that the status and use currently being made (prior to the application for the grant of the mining lease) of certain land is such that a premium should be applied—an appropriate amount of compensation may be determined; loss that arises may include loss of profits to the owner calculated by comparison of the usage being made of land prior to the lodgement of the relevant application for the grant of a mining lease and the usage that could be made of that land after the grant; an additional amount shall be determined to reflect the compulsory nature of action taken under this part which amount, together with any amount determined pursuant to paragraph (c) , shall be not less than 10% of the aggregate amount determined under subsection (3) . In any case the Land Court may determine the amounts and the terms, conditions and times when payments aggregating the total compensation payable shall be payable. An amount of compensation decided by agreement between the parties, or by the Land Court, is binding on the parties and the parties’ personal representatives, successors and assigns. The Land Court shall give written notice of its determination to all parties and may make such order as to costs between the parties to the determination as it thinks fit. s 281 amd 1995 No. 21 s 78 ; 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch ; 2013 No. 10 s 193 sch 1 ; 2018 No. 24 s 118 ; 2024 No. 33 s 136 (sec.281-ssec.1) At any time before an agreement is made under section 279 or 280 , a person who could be a party to the agreement may apply in writing to the Land Court to have the Land Court determine the amount of compensation. The persons who could be parties to the agreement may also agree to participate in ADR under sections 283C to 283F to determine the amount of compensation. (sec.281-ssec.2) The Land Court is hereby authorised to hear and determine matters referred to in subsection (1) . (sec.281-ssec.3) Upon an application made under subsection (1) , the Land Court shall settle the amount of compensation an owner of land is entitled to as compensation for— in the case of compensation referred to in section 279 — deprivation of possession of the surface of land of the owner; diminution of the value of the land of the owner or any improvements thereon; diminution of the use made or which may be made of the land of the owner or any improvements thereon; severance of any part of the land from other parts thereof or from other land of the owner; any surface rights of access; all loss or expense that arises; as a consequence of the grant or renewal of the mining lease; and in the case of compensation referred to in section 280 — diminution of the value of the land of the owner or any improvements thereon; diminution of the use made or which may be made of the land of the owner or any improvements thereon; all loss or expense that arises; as a consequence of the grant or renewal of the mining lease. (sec.281-ssec.4) In assessing the amount of compensation payable under subsection (3) — where it is necessary for the owner of land to obtain replacement land of a similar productivity, nature and area or resettle himself or herself or relocate his or her livestock and other chattels on other parts of his or her land or on the replacement land, all reasonable costs incurred or likely to be incurred by the owner in obtaining replacement land, the owner’s resettlement and the relocation of the owner’s livestock or other chattels as at the date of the assessment shall be considered; no allowance shall be made for any minerals that are or may be on or under the surface of the land concerned; if the owner of land proves that the status and use currently being made (prior to the application for the grant of the mining lease) of certain land is such that a premium should be applied—an appropriate amount of compensation may be determined; loss that arises may include loss of profits to the owner calculated by comparison of the usage being made of land prior to the lodgement of the relevant application for the grant of a mining lease and the usage that could be made of that land after the grant; an additional amount shall be determined to reflect the compulsory nature of action taken under this part which amount, together with any amount determined pursuant to paragraph (c) , shall be not less than 10% of the aggregate amount determined under subsection (3) . (sec.281-ssec.5) In any case the Land Court may determine the amounts and the terms, conditions and times when payments aggregating the total compensation payable shall be payable. (sec.281-ssec.6) An amount of compensation decided by agreement between the parties, or by the Land Court, is binding on the parties and the parties’ personal representatives, successors and assigns. (sec.281-ssec.7) The Land Court shall give written notice of its determination to all parties and may make such order as to costs between the parties to the determination as it thinks fit. - (a) in the case of compensation referred to in section 279 — (i) deprivation of possession of the surface of land of the owner; (ii) diminution of the value of the land of the owner or any improvements thereon; (iii) diminution of the use made or which may be made of the land of the owner or any improvements thereon; (iv) severance of any part of the land from other parts thereof or from other land of the owner; (v) any surface rights of access; (vi) all loss or expense that arises; as a consequence of the grant or renewal of the mining lease; and - (i) deprivation of possession of the surface of land of the owner; - (ii) diminution of the value of the land of the owner or any improvements thereon; - (iii) diminution of the use made or which may be made of the land of the owner or any improvements thereon; - (iv) severance of any part of the land from other parts thereof or from other land of the owner; - (v) any surface rights of access; - (vi) all loss or expense that arises; - (b) in the case of compensation referred to in section 280 — (i) diminution of the value of the land of the owner or any improvements thereon; (ii) diminution of the use made or which may be made of the land of the owner or any improvements thereon; (iii) all loss or expense that arises; as a consequence of the grant or renewal of the mining lease. - (i) diminution of the value of the land of the owner or any improvements thereon; - (ii) diminution of the use made or which may be made of the land of the owner or any improvements thereon; - (iii) all loss or expense that arises; - (i) deprivation of possession of the surface of land of the owner; - (ii) diminution of the value of the land of the owner or any improvements thereon; - (iii) diminution of the use made or which may be made of the land of the owner or any improvements thereon; - (iv) severance of any part of the land from other parts thereof or from other land of the owner; - (v) any surface rights of access; - (vi) all loss or expense that arises; - (i) diminution of the value of the land of the owner or any improvements thereon; - (ii) diminution of the use made or which may be made of the land of the owner or any improvements thereon; - (iii) all loss or expense that arises; - (a) where it is necessary for the owner of land to obtain replacement land of a similar productivity, nature and area or resettle himself or herself or relocate his or her livestock and other chattels on other parts of his or her land or on the replacement land, all reasonable costs incurred or likely to be incurred by the owner in obtaining replacement land, the owner’s resettlement and the relocation of the owner’s livestock or other chattels as at the date of the assessment shall be considered; - (b) no allowance shall be made for any minerals that are or may be on or under the surface of the land concerned; - (c) if the owner of land proves that the status and use currently being made (prior to the application for the grant of the mining lease) of certain land is such that a premium should be applied—an appropriate amount of compensation may be determined; - (d) loss that arises may include loss of profits to the owner calculated by comparison of the usage being made of land prior to the lodgement of the relevant application for the grant of a mining lease and the usage that could be made of that land after the grant; - (e) an additional amount shall be determined to reflect the compulsory nature of action taken under this part which amount, together with any amount determined pursuant to paragraph (c) , shall be not less than 10% of the aggregate amount determined under subsection (3) .