Minerals Development Act 2017
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Liability for damage or nuisance under mining licence | ||
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98. (1) Where the exercise of— | ||
(a) a right under a mining licence, | ||
(b) an ancillary underground right, or | ||
(c) an ancillary surface right, | ||
causes a nuisance, or damage to the surface of any land or to water supplies, the licensee is liable to pay compensation for such nuisance or damage. | ||
(2) Subsection (1) does not apply to a nuisance or to damage— | ||
(a) caused by the exercise of an ancillary surface right that was acquired by the licensee by agreement or compulsorily under Part 4 if the nuisance or damage is suffered by the person who granted the right by agreement or was compensated for the compulsory acquisition of that right, or | ||
(b) that results from carrying out an operational purpose within the meaning of section 110 in respect of which the licensee acquired an estate or interest in the land by agreement or compulsorily under Part 4 if the damage or nuisance is suffered by the person who transferred the estate or interest by agreement or was compensated for the compulsory acquisition of that estate or interest. | ||
(3) The reference to damage to minerals in subsection (1) does not include damage to the minerals being worked by the licensee if the damage was caused by an act or omission of the licensee that was authorised under this Act. | ||
(4) Other than in circumstances referred to in subsection (3), the fact that nuisance or damage is caused by an act or omission that was authorised under this Act is not a defence to a claim under subsection (1). | ||
(5) If the parties cannot agree on whether nuisance or damage was caused by the licensee, or on the amount of compensation payable for the nuisance or damage, the Mining Board shall determine the matter. | ||
(6) A right to compensation under subsection (1) is extinguished unless an application to determine the matter is made to the Mining Board within the limitation period determined in accordance with the provisions of the Statutes of Limitations that is applicable to actions based on tort. | ||
(7) If the nuisance or damage occurs on State land and is caused by the licensee under a mining licence, the compensation shall be paid to the Minister, but the Minister shall not enter into any agreement fixing the amount of the compensation without the prior consent of the Minister for Public Expenditure and Reform. |