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An examination of the heads of compensation available under the Mineral Resources Act 1989

journal contribution
posted on 06.12.2017, 00:00 by Kristy Richardson, J Compton
This article examines s 281 of the Mineral Resources Act 1989 (Qld) and the way that section has been interpreted in the context of assessing compensation for landowners affected by the grant of a mining lease over their land. Section 281 of the Mineral Resources Act 1989 (Qld) is unique in that the heads of compensation as interpreted by the Queensland Courts are focussed on permitting a land owner to recover losses peculiar to the owner. The focus is not on the “loss” of the land but of diminution of its value (both market and non-market based) to the landowner.

Funding

Category 1 - Australian Competitive Grants (this includes ARC, NHMRC)

History

Volume

30

Issue

2

Start Page

71

End Page

80

Number of Pages

10

ISSN

0312-1658

Location

Pyrmont, Australia

Publisher

Thomson Reuters

Language

en-aus

Peer Reviewed

Yes

Open Access

No

External Author Affiliations

Australian Property Institute; Faculty of Arts, Business, Informatics and Education; Not affiliated to a Research Institute;

Era Eligible

Yes

Journal

Queensland lawyer.