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)  [*\[Section 147 Subsection (2) amended by No. 44 of 2017, s. 42, Applied:21 Nov 2017\]*](/view/html/inforce/2017-11-21/act-2017-044#GS42@EN) 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) [*\[Section 147 Subsection (2) amended by No. 74 of 2001, s. 29, Applied:30 Oct 2001\]*](/view/html/inforce/2001-10-30/act-2001-074#GS29@EN) [*\[Section 147 Subsection (2) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013\]*](/view/html/inforce/2013-12-11/act-2013-050#JS1@Ja19@GC3@EN) the improvement was approved under the [Crown Lands Act 1976](/view/html/inforce/2026-04-12/act-1976-028) , the [Forest Management Act 2013](/view/html/inforce/2026-04-12/act-2013-049) or the [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) ; 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](#GS148@EN) ; or > > > > > > > (b) if there is no agreement, determined by the Mining Tribunal under [section 150](#GS150@EN) .