NTIn ForceAct
Mineral Titles Act 2010
110Claiming compensation
Start here
Get a plain-English read of 110
Turn the raw legal text into a practical explanation grounded in Mineral Titles Act 2010.
110 Claiming compensation
(1) A person who may be entitled to be paid compensation mentioned
in section 107 or 108 may give the person who may be liable to pay
the compensation a notice of claim stating the following:
(a) the details of the damage caused and any loss suffered;
(b) the date (or approximate date) on which the damage and any
loss occurred;
(c) the amount of compensation claimed for the damage and any
loss;
(d) any other information relevant to the claim.
Mineral Titles Act 2010 57
(2) The notice of claim must be given by the claimant within:
(a) 3 years after the occurrence of the damage for which
compensation is claimed; or
(b) a longer period as ordered by the Tribunal on application by
the claimant.
(3) The parties to the compensation claim must make genuine efforts
to reach agreement, within a reasonable time after the notice of
claim is given, about the payment of compensation.
(4) To assist the parties to reach agreement about the payment of
compensation:
(a) the parties may agree on the appointment of a mediator; or
(b) if the parties cannot agree on a mediator – either party may
apply to the Tribunal for the appointment of a mediator.
(5) An agreement between the parties to the compensation claim must
be in writing and signed by each party.
(6) The claimant may request payment of all or part of the
compensation in a form other than money (for example, payment by
transferring property or providing goods and services) as specified
by the claimant.
(7) The person liable to pay compensation to the claimant must
consider a request made under subsection (6) and pay the
compensation in the specified form if it is reasonable and
practicable to do so.