South Australian Consolidated Acts

MINING ACT 1971 - SECT 63ZB

63ZB—Review of compensation

        (1)         If—

            (a)         mining operations are authorised by determination under this Part on conditions requiring the payment of compensation; and

            (b)         a native title declaration is later made establishing who are the holders of native title in the land,

the ERD Court may, on application by the registered representative of the holders of native title in the land, or on the application of a person who is liable to pay compensation under the determination, review the provisions of the determination providing for the payment of compensation.

        (2)         The application must be made within three months after the date of the native title declaration.

        (3)         The Court may, on an application under this section—

            (a)         increase or reduce the amount of the compensation payable under the determination (as from the date of application or a later date fixed by the Court); and

            (b)         change the provisions of the determination for payment of compensation in some other way.

        (4)         In deciding whether to vary a determination and, if so, how, the Court must have regard to—

            (a)         the assumptions about the existence or nature of native title on which the determination was made and the extent to which the native title declaration has confirmed or invalidated those assumptions; and

            (b)         the need to ensure that the determination provides just compensation for, and only for, persons whose native title in land is affected by the mining operations; and

            (c)         the interests of mining operators and investors who have relied in good faith on the assumptions on which the determination was made.