MORE PROBLEMS FOR MINERS-GOVT REGULATIONS

The Department of Industry and Investment has decided they will no longer collect and disburse compensation on behalf of the landholders and miners. Not only will the Department not collect compensation they are planning on refunding the compensation already paid since January 2010 back to the miners.

Mining and prospecting titles are still being granted but the onus is on the miners and the landholders to ensure compensation has been agreed and paid.

The Department’s decision is already creating chaos and will make life difficult for landholders and miners. We have requested written advice from the Department as why and on what basis they have made this decision.

At present compensation is being paid under two systems. The LRMA and GGSMA have negotiated private agreements with some landholders on behalf of the miners and those landholders had given the Department permission to collect and disburse compensation on their behalf.

Where there is no agreement then the assessment by the Mining Warden’s Court of 1990 prevails and this states that compensation is to be paid to the Mining Registrar. This situation is further complicated as the Mining Warden’s assessment was made under the 1973 Mining Act.

We are in the process of seeking legal advice but preliminary investigations indicate that where the LRMA and GGSMA have an agreement with a landholder then they will need to be paid the agreed compensation directly. We will be discussing with those landholders the best way of doing that.

Last Update: 19 Jun 2010