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NATURAL RESOURCES AND MINES LEGISLATION AMENDMENT BILL 2002

       Queensland




NATURAL RESOURCES AND
  MINES LEGISLATION
 AMENDMENT BILL 2002

 


 

 

Queensland NATURAL RESOURCES AND MINES LEGISLATION AMENDMENT BILL 2002 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2--AMENDMENT OF COAL MINING SAFETY AND HEALTH ACT 1999 2 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amendment of s 9 (Meaning of "coal mine"). . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 10 (Meaning of "on-site activities") . . . . . . . . . . . . . . . . . 4 5 Replacement of s 26 (Meaning of "supervisor"). . . . . . . . . . . . . . . . . . . . . . 5 26 Meaning of "supervisor" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Amendment of s 49 (Notices by holder) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of s 50 (Notices by coal mine operator) . . . . . . . . . . . . . . . . . . 5 8 Amendment of s 54 (Appointment of site senior executive). . . . . . . . . . . . . 5 9 Amendment of s 55 (Management structure for safe operations at coal mines) ................................................. 6 10 Amendment of s 61 (Appointment of ventilation officer). . . . . . . . . . . . . . . 6 11 Amendment of s 67 (Plans of coal mine workings) . . . . . . . . . . . . . . . . . . . 6 12 Amendment of s 137 (Special warrants) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 13 Amendment of s 174 (Directives) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 14 Amendment of s 198 (Notice of accidents, incidents or diseases) . . . . . . . . 7 15 Replacement of s 275 (Representation by coal mine worker). . . . . . . . . . . . 8 275 Representations about safety and health matters . . . . . . . . . . . . . . . . 8 16 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PART 3--AMENDMENT OF EXPLOSIVES ACT 1999 17 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

 


 

2 Natural Resources and Mines Legislation Amendment Bill 2002 18 Amendment of s 140 (Existing regulations) . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 4--AMENDMENT OF MINING AND QUARRYING SAFETY AND HEALTH ACT 1999 19 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 20 Amendment of s 9 (Meaning of "mine"). . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 21 Amendment of s 11 (Meaning of "quarry") . . . . . . . . . . . . . . . . . . . . . . . . . 10 22 Replacement of s 23 (Meaning of "supervisor"). . . . . . . . . . . . . . . . . . . . . . 10 23 Meaning of "supervisor" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 23 Amendment of s 37 (Obligations of holders) . . . . . . . . . . . . . . . . . . . . . . . . 11 24 Amendment of s 46 (Notices by holder) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 25 Amendment of s 47 (Notices by operator) . . . . . . . . . . . . . . . . . . . . . . . . . . 12 26 Amendment of s 49 (Appointment of site senior executive). . . . . . . . . . . . . 12 27 Amendment of s 50 (Management structure for safe operations at mines). . 12 28 Amendment of s 58 (Plans of mine workings) . . . . . . . . . . . . . . . . . . . . . . . 13 29 Amendment of s 105 (Site senior executive to tell site safety and health representatives about certain things) . . . . . . . . . . . . . . . . . . . . . . . . . 13 30 Amendment of s 123 (Qualifications for appointment as inspector). . . . . . . 13 31 Amendment of s 134 (Special warrants) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 32 Amendment of s 167 (Directive to isolate site). . . . . . . . . . . . . . . . . . . . . . . 14 33 Amendment of s 171 (Directives) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 34 Amendment of s 195 (Notice of accidents, incidents or diseases) . . . . . . . . 14 35 Amendment of pt 13, div 2 (Appeals against chief inspectors directives and review decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 36 Replacement of s 254 (Representation by worker) . . . . . . . . . . . . . . . . . . . . 15 254 Representations about safety and health matters . . . . . . . . . . . . . . . . 16 37 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PART 5--AMENDMENT OF VEGETATION MANAGEMENT ACT 1999 38 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 39 Amendment of s 20 (IDAS codes for the clearing of vegetation) . . . . . . . . . 17

 


 

2002 A BILL FOR An Act to amend Acts administered by the Minister for Natural Resources and Minister for Mines

 


 

s1 4 s4 Natural Resources and Mines Legislation Amendment Bill 2002 The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 1 Short title Clause 3 This Act may be cited as the Natural Resources and Mines Legislation 4 Amendment Act 2002. 5 PART 2--AMENDMENT OF COAL MINING SAFETY 6 AND HEALTH ACT 1999 7 2 Act amended in pt 2 Clause 8 This part amends the Coal Mining Safety and Health Act 1999. 9 3 Amendment of s 9 (Meaning of "coal mine") Clause 10 Section 9(1)(a), (b) and (c), after `carried on'-- 11 insert-- 12 `, continuously or from time to time,'. 13 4 Amendment of s 10 (Meaning of "on-site activities") Clause 14 (1) Section 10(2)-- 15 insert-- 16 `(ba)constructing and installing surface railways;'. 17 (2) Section 10(2)(ba) to (e)-- 18 renumber as section 10(2)(c) to (f). 19

 


 

s5 5 s8 Natural Resources and Mines Legislation Amendment Bill 2002 5 Replacement of s 26 (Meaning of "supervisor") Clause 1 Section 26-- 2 omit, insert-- 3 `26 Meaning of "supervisor" 4 `A "supervisor" at a coal mine is a coal mine worker who is authorised 5 by the site senior executive to give directions to other coal mine workers in 6 accordance with the safety and health management system.'. 7 6 Amendment of s 49 (Notices by holder) Clause 8 (1) Section 49(1) and (3), `chief inspector'-- 9 omit, insert-- 10 `inspector located in the region in which the mine is situated'. 11 (2) Section 49(1)(b), after `land'-- 12 insert-- 13 `(including its boundary)'. 14 7 Amendment of s 50 (Notices by coal mine operator) Clause 15 Section 50(3), from `chief inspector' to `land'-- 16 omit, insert-- 17 `inspector located in the region in which the mine is situated written 18 particulars of the land (including its boundary)'. 19 8 Amendment of s 54 (Appointment of site senior executive) Clause 20 (1) Section 54(3)(b), from `permit'-- 21 omit, insert-- 22 `permit, mineral development licence or mining lease; or'. 23 (2) Section 54(3)-- 24 insert-- 25 `(c) the mines are adjacent and on-site activities for winning coal are 26 carried on at only 1 of the mines; or 27

 


 

s9 6 s 11 Natural Resources and Mines Legislation Amendment Bill 2002 (d) the mines comprise mines forming part of a mining project and 1 adjacent mines, and the adjacent mines consist only of 2 exploration activities under an exploration permit, mineral 3 development licence or mining lease.'. 4 9 Amendment of s 55 (Management structure for safe operations at Clause 5 coal mines) 6 (1) Section 55(2)-- 7 insert-- 8 `(d) the competencies required, and the responsibilities, for each 9 other supervisory position at the mine.'. 10 (2) Section 55-- 11 insert-- 12 `(4) For each supervisory position mentioned in subsection (2)(d), the 13 site senior executive must also keep a record of the names and 14 competencies of each person authorised to carry out the responsibilities of 15 the position.'. 16 10 Amendment of s 61 (Appointment of ventilation officer) Clause 17 (1) Section 61(8)-- 18 omit. 19 (2) Section 61(9), `subsection (9)'-- 20 omit, insert-- 21 `subsection (8)'. 22 (3) Section 61(9)-- 23 renumber as section 61(8). 24 11 Amendment of s 67 (Plans of coal mine workings) Clause 25 Section 67(6), from `by'-- 26 omit, insert-- 27 `by-- 28

 


 

s 12 7 s 14 Natural Resources and Mines Legislation Amendment Bill 2002 (a) for a surface mine--a person having the competencies for 1 surface mining surveying recognised by the council, or registered 2 as a surveyor or surveying associate under the Surveyors Act 3 1977; or 4 (b) for an underground mine--a person having the competencies for 5 underground mining surveying recognised by the council.'. 6 12 Amendment of s 137 (Special warrants) Clause 7 Section 137(4), after `a copy'-- 8 insert-- 9 `("facsimile warrant")'. 10 13 Amendment of s 174 (Directives) Clause 11 (1) Section 174(5)-- 12 insert-- 13 `(aa) for a directive by the chief inspector--it is withdrawn in writing 14 by the chief inspector; or'. 15 (2) Section 174(5)(b), after `an inspector'-- 16 insert-- 17 `other than the chief inspector'. 18 (3) Section 174(5)(aa) to (c)-- 19 renumber as section 174(5)(b) to (d). 20 14 Amendment of s 198 (Notice of accidents, incidents or diseases) Clause 21 (1) Section 198(1)-- 22 omit, insert-- 23 `(1) Subject to subsections (2) and (3), as soon as practicable after 24 becoming aware of a serious accident or high potential incident at a coal 25 mine, the site senior executive for the coal mine must notify an inspector 26 and an industry safety and health representative about the accident or 27 incident either orally or by notice. 28

 


 

s 15 8 s 15 Natural Resources and Mines Legislation Amendment Bill 2002 Maximum penalty--40 penalty units.'. 1 (2) Section 198-- 2 insert-- 3 `(1A) Subsection (3) applies if-- 4 (a) the accident causes-- 5 (i) the death of a person; or 6 (ii) a person to be admitted to a hospital as an in-patient for 7 treatment for a bodily injury endangering, or likely to 8 endanger, the person's life; or 9 (iii) a person to suffer an injury causing, or likely to cause, a 10 permanent injury to the person's health; or 11 (b) the incident is a high potential incident of a type prescribed under 12 a regulation. 13 `(1B) The site senior executive must, on becoming aware of the accident 14 or incident, immediately notify an inspector and an industry safety and 15 health representative about the accident or incident either orally or by 16 notice. 17 Maximum penalty--40 penalty units.'. 18 (3) Section 198(2), after `subsection (1)'-- 19 insert-- 20 `or (3)'. 21 (4) Section 198(1A) to (4)-- 22 renumber as section 198(2) to (6). 23 15 Replacement of s 275 (Representation by coal mine worker) Clause 24 Section 275-- 25 omit, insert-- 26 `275 Representations about safety and health matters 27 `(1) This section applies to a person who is-- 28 (a) a coal mine worker; or 29 (b) another person with obligations under this Act; or 30

 


 

s 16 9 s 17 Natural Resources and Mines Legislation Amendment Bill 2002 (c) an employee of a person mentioned in paragraph (b). 1 `(2) The person may make, either personally or by a representative, a 2 representation to an inspector or inspection officer about-- 3 (a) an alleged contravention of this Act; or 4 (b) a thing or practice at the coal mine that is, or is likely to be, 5 dangerous. 6 `(3) The inspector or inspection officer must investigate the matter. 7 `(4) A public service employee must not disclose the name of the person 8 making the representation-- 9 (a) except for a prosecution under subsection (5); or 10 (b) unless the person consents to the disclosure. 11 `(5) The person must not make a false or frivolous representation. 12 Maximum penalty for subsection (5)--40 penalty units.'. 13 16 Amendment of sch 3 (Dictionary) Clause 14 Schedule 3-- 15 insert-- 16 ` "chief executive" means the chief executive of the department in which 17 this Act is administered. 18 19 Note-- 20 This is also the law under the Acts Interpretation Act 1954, section 36 but, 21 because of the particular nature of this Act, is included here to avoid confusion 22 with the chief executive of, for example, a mining company. "region" means an administrative region established by the chief executive 23 for the administration of this Act.'. 24 PART 3--AMENDMENT OF EXPLOSIVES ACT 1999 25 17 Act amended in pt 3 Clause 26 This part amends the Explosives Act 1999. 27

 


 

s 18 10 s 22 Natural Resources and Mines Legislation Amendment Bill 2002 18 Amendment of s 140 (Existing regulations) Clause 1 Section 140(5), `2002'-- 2 omit, insert-- 3 `2003'. 4 PART 4--AMENDMENT OF MINING AND 5 QUARRYING SAFETY AND HEALTH ACT 1999 6 19 Act amended in pt 4 Clause 7 This part amends the Mining and Quarrying Safety and Health Act 1999. 8 20 Amendment of s 9 (Meaning of "mine") Clause 9 Section 9(1)(a), (b) and (c), after `carried on'-- 10 insert-- 11 `, continuously or from time to time,'. 12 21 Amendment of s 11 (Meaning of "quarry") Clause 13 (1) Section 11(1), after `excavated'-- 14 insert-- 15 `, continuously or from time to time,'. 16 (2) Section 11(2), after `happens'-- 17 insert-- 18 `, continuously or from time to time,'. 19 22 Replacement of s 23 (Meaning of "supervisor") Clause 20 Section 23-- 21 omit, insert-- 22

 


 

s 23 11 s 24 Natural Resources and Mines Legislation Amendment Bill 2002 `23 Meaning of "supervisor" 1 `A "supervisor" at a mine is a worker who is authorised by the site 2 senior executive to give directions to other workers.'. 3 23 Amendment of s 37 (Obligations of holders) Clause 4 Section 37(2) and (3)-- 5 omit, insert-- 6 `(2) The holder must-- 7 (a) for a mine that is required, under this division, to have a safety 8 and health management system-- 9 (i) inform a person proposing to enter into a contract with the 10 holder to act as operator, by notice, of all relevant 11 information available to the holder that may help the 12 proposed operator to ensure the site senior executive for the 13 mine develops and implements a safety and health 14 management system for the mine; and 15 (ii) include in the contract with the operator an obligation on the 16 operator to establish a safety and health management 17 system for the mine; or 18 (b) for a mine that is not required, under this division, to have a 19 safety and health management system--inform a person 20 proposing to enter into a contract with the holder to act as 21 operator, by notice, of all relevant information available to the 22 holder about known, or potential, hazards at the mine. 23 Maximum penalty--100 penalty units. 24 `(3) A contract under subsection (2)(a)(ii) must be in writing.'. 25 24 Amendment of s 46 (Notices by holder) Clause 26 Section 46(1)(b), after `land'-- 27 insert-- 28 `(including its boundary)'. 29

 


 

s 25 12 s 27 Natural Resources and Mines Legislation Amendment Bill 2002 25 Amendment of s 47 (Notices by operator) Clause 1 (1) Section 47(1)(a)(ii), after `land'-- 2 insert-- 3 `(including its boundary)'. 4 (2) Section 47(5), after `the land'-- 5 insert-- 6 `(including its boundary)'. 7 26 Amendment of s 49 (Appointment of site senior executive) Clause 8 (1) Section 49(3)(b), from `permit'-- 9 omit, insert-- 10 `permit, mineral development licence or mining lease; or'. 11 (2) Section 49(3)-- 12 insert-- 13 `(c) the mines are adjacent and operations for winning, or winning 14 and treating, minerals or hard rock are carried on at only 1 of the 15 mines; or 16 (d) the mines comprise mines forming part of a mining project and 17 adjacent mines, and the adjacent mines consist only of 18 exploration activities under an exploration permit, mineral 19 development licence or mining lease; or 20 (e) not more than 10 workers are employed at each mine.'. 21 27 Amendment of s 50 (Management structure for safe operations at Clause 22 mines) 23 Section 50(1)(a), after `safety'-- 24 insert-- 25 `and health'. 26

 


 

s 28 13 s 30 Natural Resources and Mines Legislation Amendment Bill 2002 28 Amendment of s 58 (Plans of mine workings) Clause 1 Section 58(5), from `by'-- 2 omit, insert-- 3 `by-- 4 (a) for a mine other than an underground mine--a person having the 5 competencies for surface mining surveying recognised by the 6 council, or registered as a surveyor or surveying associate under 7 the Surveyors Act 1977; or 8 (b) for an underground mine--a person having the competencies for 9 underground mining surveying recognised by the council.'. 10 29 Amendment of s 105 (Site senior executive to tell site safety and Clause 11 health representatives about certain things) 12 (1) Section 105(1), words before paragraph (b)-- 13 omit, insert-- 14 `(1) A site senior executive for a mine must ensure a site safety and 15 health representative at the mine is informed of the following things-- 16 (a) an injury or illness caused to a person from operations at the site 17 safety and health representative's area of responsibility that 18 causes an absence from work of the person for more than 19 1 shift;'. 20 (2) Section 105(2), `tell each representative'-- 21 omit, insert-- 22 `ensure each representative is informed'. 23 30 Amendment of s 123 (Qualifications for appointment as inspector) Clause 24 Section 123(b), `operations'-- 25 omit, insert-- 26 `any type of mining'. 27

 


 

s 31 14 s 34 Natural Resources and Mines Legislation Amendment Bill 2002 31 Amendment of s 134 (Special warrants) Clause 1 Section 134(4), after `a copy'-- 2 insert-- 3 `("facsimile warrant")'. 4 32 Amendment of s 167 (Directive to isolate site) Clause 5 Section 167, after `inspector'-- 6 insert-- 7 `or inspection officer'. 8 33 Amendment of s 171 (Directives) Clause 9 (1) Section 171(5)-- 10 insert-- 11 `(aa) for a directive by the chief inspector--it is withdrawn in writing 12 by the chief inspector; or'. 13 (2) Section 171(5)(b), after `an inspector'-- 14 insert-- 15 `other than the chief inspector'. 16 (3) Section 171(5)(aa) to (e)-- 17 renumber as section 171(5)(b) to (f). 18 34 Amendment of s 195 (Notice of accidents, incidents or diseases) Clause 19 (1) Section 195(1)-- 20 omit, insert-- 21 `(1) Subject to subsections (2) and (3), as soon as practicable after 22 becoming aware of a serious accident or high potential incident at a mine, 23 the site senior executive for the mine must notify an inspector and a district 24 workers' representative about the accident or incident either orally or by 25 notice. 26 Maximum penalty--40 penalty units.'. 27

 


 

s 35 15 s 36 Natural Resources and Mines Legislation Amendment Bill 2002 (2) Section 195-- 1 insert-- 2 `(1A) Subsection (3) applies if-- 3 (a) the accident causes-- 4 (i) the death of a person; or 5 (ii) a person to be admitted to a hospital as an in-patient for 6 treatment for a bodily injury endangering, or likely to 7 endanger, the person's life; or 8 (iii) a person to suffer an injury causing, or likely to cause, a 9 permanent injury to the person's health; or 10 (b) the incident is a high potential incident of a type prescribed under 11 a regulation. 12 `(1B) The site senior executive must, on becoming aware of the accident 13 or incident, immediately notify an inspector and a district workers' 14 representative about the accident or incident either orally or by notice. 15 Maximum penalty--40 penalty units.'. 16 (3) Section 195(2), after `subsection (1)'-- 17 insert-- 18 `or (2)'. 19 (4) Section 195(1A) to (4)-- 20 renumber as section 195(2) to (6). 21 35 Amendment of pt 13, div 2 (Appeals against chief inspectors Clause 22 directives and review decisions) 23 Part 13, division 2, heading, `inspectors'-- 24 omit, insert-- 25 `inspector's'. 26 36 Replacement of s 254 (Representation by worker) Clause 27 Section 254-- 28 omit, insert-- 29

 


 

s 37 16 s 37 Natural Resources and Mines Legislation Amendment Bill 2002 `254 Representations about safety and health matters 1 `(1) This section applies to a person who is-- 2 (a) a worker; or 3 (b) another person with obligations under this Act; or 4 (c) an employee of a person mentioned in paragraph (b). 5 `(2) The person may make, either personally or by a representative, a 6 representation to an inspector or inspection officer about-- 7 (a) an alleged contravention of this Act; or 8 (b) a thing or practice at the mine that is, or is likely to be, 9 dangerous. 10 `(3) The inspector or inspection officer must investigate the matter and 11 make a written report of the investigation to the worker or the worker's 12 representative. 13 `(4) A public service officer must not disclose the name of the person 14 making the representation-- 15 (a) except for a prosecution under subsection (5); or 16 (b) unless the person consents to the disclosure. 17 `(5) The person must not make a false or frivolous representation. 18 Maximum penalty for subsection (5)--40 penalty units.'. 19 37 Amendment of sch 2 (Dictionary) Clause 20 Schedule 2-- 21 insert-- 22 ` "chief executive" means the chief executive of the department in which 23 this Act is administered. 24 25 Note-- 26 This is also the law under the Acts Interpretation Act 1954, section 36 but, 27 because of the particular nature of this Act, is included here to avoid confusion 28 with the chief executive of, for example, a mining company. "region" means an administrative region established by the chief executive 29 for the administration of this Act.'. 30

 


 

s 38 17 s 39 Natural Resources and Mines Legislation Amendment Bill 2002 PART 5--AMENDMENT OF VEGETATION 1 MANAGEMENT ACT 1999 2 38 Act amended in pt 5 Clause 3 This part amends the Vegetation Management Act 1999. 4 39 Amendment of s 20 (IDAS codes for the clearing of vegetation) Clause 5 Section 20(3)(a), `18(1)'-- 6 omit, insert-- 7 `17(1)'. 8 © State of Queensland 2002

 


 

AMENDMENTS TO BILL

1 Natural Resources and Mines Legislation Amendment Bill 2002 NATURAL RESOURCES AND MINES LEGISLATION AMENDMENT BILL 2002 AMENDMENT AGREED TO IN COMMITTEE 1 At page 10, after line 4-- insert-- `PART 3A--AMENDMENT OF MINERAL RESOURCES ACT 1989 `18A Act amended in pt 3A `This part amends the Mineral Resources Act 1989. `18B Amendment of s 416 (Rights independent of this Act preserved) `Section 416, `282 and 317'-- omit, insert-- `282, 317 and 418B'. `18C Insertion of new ss 418A and 418B `Part 11-- insert-- `418A Validation of granting of mining lease 1978 `(1) This section applies to mining lease 1978. `(2) The mining lease is taken to be, and always to have been, validly granted under section 234. `(3) The land comprised in the mining lease is taken to exclude, and always to have excluded, the parts of Crinum Creek, within the boundaries of the mining lease, as shown on RP 805034 and RP 615398.

 


 

2 Natural Resources and Mines Legislation Amendment Bill 2002 `(4) The surface area comprised in the mining lease is taken to include, and always to have included, the surface area of the land (other than the land described as lot 6 on RP 806552) that, under subsection (3), is comprised in the mining lease. `(5) To remove any doubt, it is declared that nothing in this section affects an agreement, or determination by the tribunal, made under this Act before the commencement of this section about compensation payable by the holder of the mining lease for the surface area of any land being included in the mining lease. `418B Provisions about compensation for owners of lots 65 and 66 on RP 909055 `(1) This section applies to-- (a) lot 65 on RP 909055 ("lot 65"), part of the surface area of which, under section 418A, is taken to be, and always to have been, included in mining lease 1978; and (b) lot 66 on RP 909055 ("lot 66") part of which is comprised in mining lease 1978. `(2) The holder of the mining lease must pay compensation to the owner of lot 65. `(3) The compensation amount and the terms on which it is payable must be-- (a) the subject of an agreement between the holder and the owner; or (b) decided by the tribunal under section 281 as if it were compensation referred to in section 279. `(4) This Act1 applies as if the agreement mentioned in subsection (3)(a) were an agreement mentioned in section 279(1)(a). `(5) No compensation is payable by the holder of the mining lease to the owner of lot 66. `(6) Subsection (5) applies despite section 4162 and the Property Law Act 1974.'.'. 1 See, for example, sections 279(3) and (4) and 281.

 


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