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Property Law and Real Estate

Selected Works

2016

Injurious affection

Articles 1 - 2 of 2

Full-Text Articles in Law

Compensation For Coal Seam Gas Occupation: Assessing The Harms, Michael Fibbens, Michael Y. Mak, Anthony Williams Oct 2016

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 …


Coal Seam Gas Extraction: Does Landholder Compensation Match The Mischief?, Michael Fibbens, Michael Y. Mak, Anthony Williams Oct 2016

Coal Seam Gas Extraction: Does Landholder Compensation Match The Mischief?, Michael Fibbens, Michael Y. Mak, Anthony Williams

Anthony Williams

Coal seam gas (CSG) extraction is set for expansion in New South Wales. However, controversy accompanies its introduction in that the present law grants miners access to private lands for the purposes of exploration and production. The NSW Petroleum (Onshore) Act 1991 regulates compensation for land access, and a number of questions have been raised about the adequacy of its compensation provisions. Additionally, compensation for coal seam gas poses a challenge for the valuation profession in that valuation theory has yet to be developed in this emerging sphere of practice. This paper compares the legal and physical impacts of coal …