10Compensation on revocation of lease

10 Compensation on revocation of lease

(1)  [Section 10 Subsection (1) substituted by No. 38 of 2002, s. 8, Applied:27 Nov 2002] The holder of a lease under the Mineral Resources Development Act 1995 may be reimbursed for any reasonable loss or reasonable damage if –

(a) the lease authorises the holder to carry out mining operations on any Crown land in a strategic prospectivity zone; and

(b) the use of any part of that land is changed under any law of the State resulting in the lease being revoked.

(2)  [Section 10 Subsection (2) amended by No. 38 of 2002, s. 8, Applied:27 Nov 2002] In default of agreement between the Minister and the lessee, the amount of the compensation is to be determined by the Mining Tribunal.

(3)  [Section 10 Subsection (3) amended by No. 38 of 2002, s. 8, Applied:27 Nov 2002] Where the status of any part of a mineral tenement has been changed under section 7 and that part can be severed from the remainder of the tenement without undue interference with the mining operations carried on by the lessee, the Minister may–

(a) grant or issue to the lessee a new lease, licence or other appropriate authority comprising the remaining part, either alone or in conjunction with other available adjoining land; and

(b) in the case of a claim, cause the remaining part to be resurveyed or defined in accordance with the regulations and permit the lessee to occupy that land, either solely or in conjunction with other available adjoining land; and

(c) include in any lease granted under this section the right to work and mine at the prescribed depth below the surface of the whole or any part of the land of which the status has been changed under section 7 .

(4)  [Section 10 Subsection (4) amended by No. 38 of 2002, s. 8, Applied:27 Nov 2002] The Minister must, before the exercise of any of the powers conferred by , communicate to the lessee particulars of the manner in which it is proposed to exercise those powers and if the lessee is dissatisfied with the proposal he or she may apply to the Mining Tribunal on a claim for compensation.