Minerals Development Act 2017

Determination of persons entitled to compensation in respect of private minerals

91. (1) After receiving a claim for compensation that has not been extinguished under section 90 , the Minister shall determine if the claimant holds a right to compensation and shall notify the claimant of his or her decision.

(2) If the Minister determines that the claimant holds a right to compensation the Minister shall pay to the claimant the reasonable legal costs of establishing that fact.

(3) If the Minister determines that a claimant does not hold a right to compensation the claimant may, within 30 days after the Minister has given notice of the decision, appeal the decision to the Mining Board.

(4) If the claimant appeals, the claimant’s legal costs of establishing entitlement to compensation shall be determined by the Mining Board under section 179 .