Surface rights – Recovery of compensation

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