147Compensation for damage to improvements

147 Compensation for damage to improvements

(1)  Compensation is payable by a licensee or lessee to the Crown for any damage to any improvement on the land carried out by or for the Crown if the improvement was carried out –

(a) before the lease or licence was issued; or

(b) after consultation with the licensee or lessee.

(2)  [Section 147 Subsection (2) amended by No. 44 of 2017, s. 42, Applied:21 Nov 2017] Compensation is payable by a licensee or lessee to a Crown lessee or Crown licensee or a holder of a forestry right for any damage to any improvement on the land if–

(a) [Section 147 Subsection (2) amended by No. 74 of 2001, s. 29, Applied:30 Oct 2001] [Section 147 Subsection (2) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013] the improvement was approved under the Crown Lands Act 1976 , the Forest Management Act 2013 or the Living Marine Resources Management Act 1995 ; and

(b) the improvement was carried out–

(i) before the lease or licence was issued; or

(ii) after consultation with the licensee or lessee.

(3)  This section applies –

(a) to Crown land if a Crown licence or Crown lease in respect of that land has been cancelled because of the damage; and

(b) to a person who has ceased to be a licensee or lessee after the damage has occurred.

(4)  Compensation is payable at a rate –

(a) agreed to by the parties under section 148 ; or

(b) if there is no agreement, determined by the Mining Tribunal under .