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Your entitlements to compensation

Landholders are entitled to compensation if a mining claim or mining lease covers the surface of their land, or if their land is used to access either of these tenures.

The term 'landholders' includes:

  • owners of freehold land
  • Land Act 1994 lessees (e.g. holders of pastoral and other leases on state land)
  • trustees of resources reserves, Aboriginal land and Torres Strait Islander land
  • the Minister for Natural Resources, Mines and Energy for Land Act 1994 reserves
  • lessees under the Aboriginal and Torres Strait Land Holding Act 2013.

For the full list, see the 'owner' definition in schedule 2 of the Mineral Resources Act 1989.

Compensation entitlements

You are entitled to compensation for:

  • the loss you suffer because you can no longer use the surface of your land
  • any loss of value to the land or the improvements
  • any loss from your use of your land or the improvements on it being diminished
  • any loss caused because one part of your land is separated from the rest of your land
  • any direct losses or expenses that arise because of the grant or renewal of the mining claim or lease
  • the likely costs of moving yourself and your possessions (including livestock), if you need to move grazing or farming operations onto another part of your land or onto replacement land you buy
  • any special value as a result of the current status and use of the land
  • loss of profits.

You're also entitled to an additional 10% on top of the compensation amount because it's compulsory for you to participate in the process.

Sections 85(5) and (6) of the Mineral Resources Act outline the criteria for compensation for a mining claim and s281(3) and (4) of the Act gives the criteria for mining leases.


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