266Compensation arising under small-scale title

#### 266 Compensation arising under small-scale title 266 Compensation arising under small-scale title > > (1) On the granting of a small-scale title, a landholder becomes entitled to compensation determined under this section in lieu of compensation for any compensable loss suffered, or likely to be suffered, by the landholder as a result of the exercise of the rights conferred by the small-scale title. > > > > Note. > > > > Small-scale title means a mineral claim or an opal prospecting licence. > > > (2) The Minister may determine the compensation payable (standard compensation) for the purposes of subsection (1) and the quantum of any standard compensation is at the discretion of the Minister. > > > (3) A determination of the Minister is to be made by order published in the Gazette and any such order— > > > > > (a) may prescribe different amounts of standard compensation for different mineral claims districts or opal prospecting areas, and > > > > > (b) may provide for standard compensation to be indexed on an annual or other basis. > > > (4) The Secretary must not grant a small-scale title to an applicant unless satisfied that— > > > > > (a) the applicant has paid to the collection agency on behalf of any landholder entitled to compensation on the granting of the small-scale title the standard compensation for the term of the small-scale title (unless the applicant and landholder have entered into an agreement as an alternative to standard compensation (a compensation agreement)), and > > > > > (b) the applicant has given, in the manner prescribed by the regulations, any such landholder a notice that states the applicant’s intention to exercise rights under the small-scale title and that identifies (by map or otherwise) the land to which the small-scale title applies, and > > > > > (c) if the application is for the renewal of a mineral claim, the applicant has, no later than 28 days after lodging the application, paid all outstanding amounts of compensation payable by the applicant to the landholder under the mineral claim (other than compensation that may be payable under a compensation agreement). > > > (5) The Secretary may grant a small-scale title to an applicant despite the applicant failing to satisfy the Secretary of a matter specified in subsection (4) if the Secretary is satisfied that the failure occurred because the applicant, after taking all reasonable steps, has been unable to sufficiently identify a landholder for the purposes of this section. Nothing in this subsection affects the right of a landholder to compensation under this section. > > > (6) The Land and Environment Court— > > > > > (a) may determine the compensation payable for the purposes of subsection (1) in respect of a small-scale title for which no standard compensation has been determined by the Minister, and > > > > > (b) may make any such determination on the application of the landholder or the applicant for the small-scale title, and > > > > > (c) in determining the compensation payable is to have regard to any determinations of standard compensation made by the Minister. > > > (7) Compensation determined by the Court under subsection (6) is taken to be standard compensation in respect of— > > > > > (a) the grant of the relevant small-scale title, and > > > > > (b) the grant of a renewal of the title (but only if the Minister does not, within the term of the title, make a determination of standard compensation in respect of the title). > > > (8) The Land and Environment Court may, in exceptional circumstances and despite subsection (1), award a landholder compensation for the compensable loss suffered, or likely to be suffered, by the landholder as a result of the exercise of the rights conferred by a small-scale title, but only if— > > > > > (a) the application for such compensation is made to the Court no later than 60 days after the notice under subsection (4) (b) is given to the landholder in respect of the title, and > > > > > (b) there is no compensation agreement in place in respect of the title between the landholder and the person from whom compensation is sought. > > > (9) Division 3 does not apply to a determination of compensation under this section. However, sections 271, 272 (other than section 272 (1) (b) (i)) and 275 do apply to a determination of compensation under subsection (8). > > > (10) No appeal lies against a determination of compensation under this section. > > > (11) The Minister cannot vary or substitute a standard compensation amount previously determined by the Minister under this section unless— > > > > > (a) at least 5 years have passed since that previous determination, and > > > > > (b) the Minister has caused an independent review to be conducted into the appropriate levels of standard compensation and has considered the findings of that review. > > > (12) The regulations may make provisions for or with respect to the collection of standard compensation by the collection agency and the payment of that compensation to landholders, and in particular may— > > > > > (a) prescribe fees in respect of the exercise of functions by or on behalf of the collection agency under this section, and > > > > > (b) permit any such function to be delegated to Service NSW as a customer service function. > > > (13) In this section— > > > > collection agency means a government sector agency or the head of a government sector agency nominated by the regulations as the collection agency. > > > > grant of a small-scale title includes, in the case of a mineral claim, the grant of a renewal of the small-scale title. > > > > term of a small-scale title includes, in the case of the renewal of a mineral claim, any period during which, before its renewal, the mineral claim was taken to continue to have effect under section 197 (3). > > **s 266:** Am 1996 No 137, Sch 1 \[36\] \[122\]. Subst 1999 No 43, Sch 2 \[1\]. Am 2008 No 107, Sch 19 \[13\] \[35\] \[37\]; 2010 No 119, Sch 1.23 \[1\]. Subst 2014 No 53, Sch 1 \[5\].