HG Alert: Injurious Affection Rejected Under MRA - Oct 2006

The Queensland Land and Resources Tribunal has rejected the long held principle that landholders who are affected by the grant of mining tenure under the Mineral Resources Act 1989 (MRA) can claim an amount of compensation from the miner for affects caused outside the area of the mining tenure itself. These claims, known as injurious affection, often form a considerable component of compensation claims made by landowners and include claims for the loss of value of the remaining land (outside of the mining tenure) that result from noise, dust and the actual presence of the tenure on the land (referred to as "blot on title").

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