Approaches to obtaining compensation
You have 2 ways of seeking compensation. You can:
- negotiate an agreement directly with the miner
- apply to the Land Court to have it determine how much compensation you will receive.
Negotiating compensation directly with the miner is the best approach if you want an agreement that includes:
- in-kind assistance
- conditions about what conduct is permitted.
In-kind assistance might mean that the miner agrees to build a fence line or irrigation system for you, or dig a dam. The Land Court can only award monetary compensation, not in-kind compensation.
Conduct conditions might include entry times, speed limits, and activities that aren't permitted without prior notification. The Land Court is not able to require conduct conditions when determining compensation in a Court hearing.
Negotiating with the miner
Preparing to negotiate
You should prepare a map of your land marking the location of key areas and infrastructure and know the value of your land – this might mean getting advice from a valuer.
You will find important information to help you prepare for negotiations in A guide to landholder compensation for mining claims and mining leases (PDF, 2MB).
You may also wish to refer to the standard compensation agreement template (DOCX, 59KB). This template was developed for small-scale mining operations, for example mining claims and small mining leases under 20 hectares.
Going to the Land Court
The Court has issued a practice direction about compensation payable by miners (PDF, 15KB) that you should refer to when applying.
Timeframes for negotiating compensation
There is no time limit by which compensation must be finalised. You can negotiate with the miner until an agreement is reached.
Alternatively, either of you can apply to the Land Court at any time to determine compensation.
However, the Minister may refuse to grant the mining claim or mining lease if compensation has not been agreed or referred to the Land Court within the following timeframes.
|Type of application||Conditions||Minister may refuse application if no agreement or Land Court referral|
New lease or claim
no objections lodged to the lease or claim
within 3 months of the deadline for lodging objections
objection lodged to the lease or claim (and not later withdrawn)
within 3 months of the Land Court’s recommendation to the Minister about the objections
Renewal of existing lease or claim
within 3 months after the expiry date of the lease or claim
- Find your annual land valuation and related data for your area.