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Surface rights – Recovery of compensation

Process for new and returning applicants to request compensation for unpaid amounts owing from an operator.

Introduction

If an operator has not paid money payable under a Surface Lease or Compensation Order and the time for payment has passed, the person entitled to the compensation may submit to the Tribunal an application under section 36 of the Surface Rights Act. Upon receiving evidence of the non-payment, the Tribunal will issue a notice to the operator demanding full payment. If the notice is not complied with, the Tribunal may terminate the operator’s right to enter the site and then direct payment by the Minister of Environment and Protected Areas.

In focus

Guidelines and process for serving notice to an operator when payment is overdue.

Process for recovering past due compensation for new and returning applicants.