Section 12Part 1 — Introductory and General
Payment of compensation to owners or occupiers
←→ Navigate · Click subsection badges to collapse · Press ? for help
12. (1) The holder of prospecting or mining rights shall, on demand being made by the owner or occupier of the land upon or under which prospecting or mining operations are being or have been carried on by him, pay such owner or occupier fair and reasonable compensation for any disturbance of his surface rights and for any damage done to the surface of the land or to any live or dead stock, crops, trees, buildings or works, as a result of such operations.
The amount of compensation payable under subsection (1) shall be determined by agreement between the parties or, if the parties are unable to reach agreement Section 13 Mining Law Page 12 Revised as at 9th day of September, 1997 c or if the agreed compensation is not paid, the owner or occupier may take proceedings in the Summary Jurisdiction Court without limit of amount.
The sum awarded by the Summary Jurisdiction Court or, when there has been an appeal, by the Court hearing the appeal, as the case may be, shall be paid by such holder to the person entitled thereto, within fourteen days of the date of the decision.
Without prejudice to any other means of recovery, if the sum awarded is not paid within the time specified in subsection (3), such sum may, on application to the Governor, be paid out of the amount lodged under section 11.
The Governor may, by notice to the holder of prospecting or mining rights who has failed to pay the sum awarded, suspend his mining or prospecting rights until the sum awarded has been paid and until such holder has lodged with the Governor such further sum as the Governor may demand as security for any future compensation payable, and if such payment and lodgment is not made within such time as the Governor may consider reasonable, the Governor may revoke the prospecting or mining rights of the holder in default.