Compliance with the compensation agreement

The miner is required to comply with the compensation agreement or Land Court determination.

If you think the miner isn't complying, your first step should be to contact them and discuss it together. It could be a simple misunderstanding that the miner agrees to fix.

If your compensation agreement includes a dispute resolution process, then try to resolve the issue following this process.

If you want our help, contact the Resource community infoline. We may be able to organise a conference with the miner to see if the issue can be resolved.

Finally, you can apply to the Land Court to have it enforce the terms of the compensation agreement. You should fill in Form 01 – Originating application.

Note that conduct conditions contained in a compensation agreement aren't part of the mining claim or mining lease so they can't be enforced by the Department of Resources. To enforce these conditions you will need to apply to the Land Court.

Compliance action for non-payment of compensation

It's a condition of the mining claim or lease that the agreed amount of compensation has to be paid as and when required by the agreement or Land Court determination.

If the miner isn't complying, for example, isn't paying an instalment on time, or not installing a fence agreed to as compensation, then you should discuss this with the miner.

If this doesn't solve the problem, then contact the Resource community infoline. We will investigate and may take compliance action against the miner. Note that we can't take compliance action for breach of conditions in a compensation agreement. To enforce these conditions you will need to apply to the Land Court.