QLDIn ForceAct
Mineral Resources Act 1989
sec.345Compensation
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### sec.345 Compensation
The holder of an environmental authority who is authorised to enter land under section 344D must pay compensation to each owner of the land—
in compliance with an agreement (a compensation agreement ) between the holder and each owner of the land; or
as decided by the Land Court.
A compensation agreement has no effect unless the agreement is—
in writing; and
signed by or for the parties to the agreement; and
filed.
At any time before a compensation agreement is made, a person who could be a party to the agreement may apply in writing to the chief executive to have the Land Court decide the amount of compensation and the terms, conditions and times of its payment.
If a person applies to the chief executive under subsection (3) , the chief executive must refer the issue of compensation to the Land Court for its decision.
s 345 prev s 345 ins 1995 No. 21 s 95
amd 1996 No. 37 s 147 sch 2
om 1999 No. 7 s 87 sch 3
pres s 345 ins 2016 No. 32 s 30
amd 2018 No. 24 s 150 ; 2020 No. 14 s 218 sch 1
(sec.345-ssec.1) The holder of an environmental authority who is authorised to enter land under section 344D must pay compensation to each owner of the land— in compliance with an agreement (a compensation agreement ) between the holder and each owner of the land; or as decided by the Land Court.
(sec.345-ssec.2) A compensation agreement has no effect unless the agreement is— in writing; and signed by or for the parties to the agreement; and filed.
(sec.345-ssec.3) At any time before a compensation agreement is made, a person who could be a party to the agreement may apply in writing to the chief executive to have the Land Court decide the amount of compensation and the terms, conditions and times of its payment.
(sec.345-ssec.4) If a person applies to the chief executive under subsection (3) , the chief executive must refer the issue of compensation to the Land Court for its decision.
- (a) in compliance with an agreement (a compensation agreement ) between the holder and each owner of the land; or
- (b) as decided by the Land Court.
- (a) in writing; and
- (b) signed by or for the parties to the agreement; and
- (c) filed.