Northern Territory Numbered Acts

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MINERAL TITLES ACT 2010 (NO 27 OF 2010) - SECT 110

Claiming compensation

    (1)     A person who may be entitled to be paid compensation mentioned in section  107 or 2011_Actm051.html#_Ref244688700">108 may give the person who may be liable to pay the compensation a notice of claim stating the following:

    (a)     the details of the damage caused and any loss suffered;

    (b)     the date (or approximate date) on which the damage and any loss occurred;

    (c)     the amount of compensation claimed for the damage and any loss;

    (d)     any other information relevant to the claim.

    (2)     The notice of claim must be given by the claimant within:

    (a)     3 years after the occurrence of the damage for which compensation is claimed; or

    (b)     a longer period as ordered by the Tribunal on application by the claimant.

    (3)     The parties to the compensation claim must make genuine efforts to reach agreement, within a reasonable time after the notice of claim is given, about the payment of compensation.

    (4)     To assist the parties to reach agreement about the payment of compensation:

    (a)     the parties may agree on the appointment of a mediator; or

    (b)     if the parties cannot agree on a mediator – either party may apply to the Tribunal for the appointment of a mediator under section 36 of the Lands, Planning and Mining Tribunal Act .

    (5)     An agreement between the parties to the compensation claim must be in writing and signed by each party.

    (6)     The claimant may request payment of all or part of the compensation in a form other than money (for example, payment by transferring property or providing goods and services) as specified by the claimant.

    (7)     The person liable to pay compensation to the claimant must consider a request made under subsection (6) and pay the compensation in the specified form if it is reasonable and practicable to do so.



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