Minerals Development Act 2017
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Costs and compensation awarded under section 125 | ||
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126. (1) In this section— | ||
“acquiring party” means the licensee under a mining licence on whose application a mining facilities acquisition order has been made; | ||
“owner” means a person who, immediately before the making of the order, was entitled to an estate or interest in the land that is subject to a mining facilities acquisition order and who the Mining Board determines is entitled to compensation under section 122 . | ||
(2) If the compensation awarded by the Mining Board under section 125 is equal to or less than the amount that the acquiring party offered the owner under section 111 (1)(b), the Board may, if the Board considers it appropriate to do so, order the owner to bear his or her own costs and to pay the costs of the acquiring party in so far as those costs were incurred after the offer was made. | ||
(3) If an owner made an unconditional written offer to the acquiring party to accept an amount as compensation prior to the mining facilities acquisition order being made and the compensation awarded by the Mining Board under section 125 is equal to or exceeds the amount that the owner offered to accept, the Board may, if the Board considers it appropriate to do so, order the acquiring party to bear his or her own costs and to pay the costs of the owner in so far as those costs were incurred after the offer by the owner was made. |