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Mineral Resources Development Act 1995
144Compensation for compensable loss
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### 144 Compensation for compensable loss
> > (1) [*\[Section 144 Subsection (1) amended by No. 44 of 2017, s. 40, Applied:21 Nov 2017\]*](/view/html/inforce/2017-11-21/act-2017-044#GS40@EN) Compensation is payable by the licensee or lessee to the owner or occupier of private land or a holder of a forestry right for any compensable loss suffered or likely to be suffered as a consequence of exploration or mining under the licence or lease.
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> > (2) Compensation is not payable –
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> > > > (a) for the value of any mineral in or under the surface of land comprised in a licence or lease; or
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> > > > (b) in respect of any land which became private land after the commencement of work or mining on that land under the licence or lease.
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> > (3) Compensation is payable at a rate –
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> > > > (a) specified in a compensation agreement; or
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> > > > (b) if there is no agreement, determined by the Mining Tribunal under [section 150](#GS150@EN) .
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> > (4) The amount of compensation payable –
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> > > > (a) is not affected by any subsequent change in the ownership or occupancy of the land; and
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> > > > (b) must not be greater if the land is owned and occupied by different persons than if it is not.