Minerals Development Act 2017

Costs

179. (1) The costs of the parties in any proceedings before the Mining Board shall be in the discretion of the Board, and the Board may, by its decision, direct to whom, by whom and in what manner those costs or any part of the costs shall be paid.

(2) When the determining compensation in accordance with section 94 , the Mining Board shall comply with the provisions of that section that relate to costs.

(3) When determining compensation as a result of a mining facilities acquisition order, the Mining Board shall comply with section 126 in awarding costs.

(4) The Mining Board may, with the consent of the parties concerned, fix the amount of costs to be paid or, in default of such consent, may refer the costs to a Taxing Master of the High Court for taxation and the costs as so taxed are recoverable as a simple contract debt in any court of competent jurisdiction.

(5) If the Mining Board orders an applicant for compensation to pay all or part of the costs of the person by whom the compensation is payable, the person may deduct the amount of the costs from the amount of the compensation.

(6) For the purpose of this section, costs include any fees, charges and expenses of the decision.