CALCULATING COMPENSATION FOR MINING -A QUEENSLAND PERSPECTIVE

摘要

Queensland's Land Access Framework governs how resource companies access private land for resource exploration and production. One of the central tenets of the Framework provides that landholders affected by resource development must be compensated for the impact of the activities on their land. The compensation provisions of the various resources legislation have been criticised for lack of certainty in respect of the definition and scope ofcompensatable effects. The difficulty in determining compensation is compounded by the lack of precedent regarding compensation for resource activities, due in part to reluctance by resource companies to use legal action against landholders. This article examines each of the heads of compensation to the extent that they have been subject to judicial interpretation.