Minerals Development Act 2017

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Liability for damage or nuisance by rehabilitation authority

141. (1) If damage to the surface of any land, to minerals or to water supplies or a nuisance is caused, directly or indirectly, by a rehabilitation authority implementing a rehabilitation plan, the rehabilitation authority is liable to pay compensation for the damage or nuisance.

(2) The fact that the damage or nuisance was caused by an act or omission that was authorised under this Act is not a defence to a claim for compensation under subsection (1).

(3) If the parties cannot agree on whether the damage or nuisance was caused by the rehabilitation authority or on the amount of compensation for the damage or nuisance, the Mining Board shall determine the matter.

(4) 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.