Applying for recovery of compensation

If you are not the registered owner or occupant of the land, you must provide proof of your entitlement to the money you are claiming on your application. The Tribunal can only direct payment to the persons legally entitled to the compensation.

When considering your application, the panel typically looks to see:

• a valid agreement exists
• when the said agreement was signed
• what area is covered under the agreement
• how much was agreed upon to pay

The kinds of documents that might contain this information are:

• a signed copy of the original Surface Lease or Consent of Occupant Agreement or reference to the right of entry order if the amount you are requesting on your application has not changed since the original agreement was signed
• a signed copy of the most recent amendment to your agreement, which references the date of the original agreement, the land description and the compensation that is currently payable under the agreement
• a copy of the annual letter you received from the operator the last time you were paid. This letter should reference the date of the original agreement, land description of the area covered under the said agreement and the amount of the compensation that is currently payable.
• a combination of documents that reference only part of the information required but clearly relate to each other to form the whole picture, that is. they all have the same file or reference number
• any other documents you wish to include with your application to support your claim
• do not send original documents 

The Tribunal needs to be satisfied you have a valid agreement and know how much you are entitled to receive under that agreement. If an application is incomplete, we will ask you for the missing documents which may result in your application taking longer to process.

Your application will not be processed until we have all the relevant documents or have your express intention to proceed with your application as submitted.

If you are unable to provide us with any documented evidence to support your application, and would like to proceed without it, you must indicate your reasons to us in writing.

Applicants who have previously received payment under the recovery of compensation process are not required to resubmit supporting documentation. 

You can help speed up the application process by:

• using the correct application form
• completing all parts of the application
• sending only what is relevant to your application, include all the documents you would like the Tribunal to consider as evidence with your application
• submitting your documents to us via email at [email protected]

Do not send originals of your supporting documents.

Factors that delay processing

The following may delay processing:

• incomplete or partial documents
• unclear photocopies of documents
• sending your supporting documents separately from your application

Sometimes we discover other operators have an interest in the site, we then give them an opportunity to respond which may prolong the amount of time it will take to process your application.