Queensland Consolidated Acts Queensland Consolidated Acts(1) A mining lease shall not be granted or renewed unless—
(a) compensation has been determined (whether by agreement or by determination of the Land Court) between the applicant and each person who is the owner of land the surface of which is the subject of the application and of any surface access to the mining lease land; or
(b) there is no person (other than the applicant) who is the owner of any of the land referred to in paragraph (a);
and the conditions of the agreement or determination have been or are being complied with by the applicant.
(2) For the purposes of subsection (1)(a) where the Land Court makes a determination of an amount of compensation, that compensation is not determined until—
(a) where no appeal against that determination is lodged within the period prescribed therefor—upon the expiration of that period; or
(b) where an appeal is duly lodged against that determination—upon the determination of the appeal.
(3) An agreement made pursuant to subsection (1)(a) shall not be effective unless and until—
(a) it is in writing signed by or on behalf of the parties; and
(b) it is filed in the office of the mining registrar.
(4) If an agreement referred to in subsection (3) is required by any law of Queensland to be stamped, it shall not be filed until it is stamped according to law.
(5) If compensation has not been agreed upon or the question of the amount of compensation has not been referred to the Land Court for determination pursuant to the proceeding under section 281 in respect of an application for the grant of a mining lease upon the expiration of 3 months from—
(a) in the case where the land or a part of land the subject of the application is a reserve and the Governor in Council consents to the grant in respect of that land—the date of the consent; or
(b) if paragraph (a) does not apply and no objection to the application is lodged—the last day that an objection to the application could be lodged; or
(c) in any other case—the date the Land Court recommends the grant of the mining lease;
whichever is the latest, the mining registrar shall refer the question of the amount of compensation payable to the Land Court which shall make a determination in accordance with section 281.