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Compensation For Coal Seam Gas Occupation: Assessing The Harms, Michael Fibbens, Michael Y. Mak, Anthony Williams
Compensation For Coal Seam Gas Occupation: Assessing The Harms, Michael Fibbens, Michael Y. Mak, Anthony Williams
Anthony Williams
Coal seam gas (CSG) extraction is expanding in eastern Australia. However, while the body of knowledge relating to compensation for partial taking is well established, the theory concerning the valuation of landholder compensation for occupation by CSG infrastructure is in an embryonic stage. In order to further the development of theory in this important area, this research investigates the harms that are inflicted upon landholders and their property by CSG occupation. As indicated in the Queensland mining case of Peabody West Burton Pty Ltd & Ors v Mason & Ors [2012] QLC 23, the assessment of compensation begins by enquiring …
Assessing Compensation For Landholders Affected By Coal Seam Gas Occupation, Michael Fibbens, Michael Y. Mak, Anthony Williams
Assessing Compensation For Landholders Affected By Coal Seam Gas Occupation, Michael Fibbens, Michael Y. Mak, Anthony Williams
Anthony Williams
Valuation theory in Australia has long established principles relating to compensation for the acquisition of part of property. However, the theory relating to assessing compensation for coal seam gas (CSG) occupation is relatively undeveloped and CSG activity in New South Wales (NSW) takes place in an environment where some confusion surrounds the subject of the assessment of landholder compensation. This paper applies a comparative study of the compensation assessment practices of courts in NSW, Queensland and Alberta. The research, reported in this paper, documents a trail of judicial decisions supporting the use of “piecemeal” and “before and after” approaches where …