(a) it required the Tribunal or the Court (as the S. 88(3)(a) case requires) in determining the amended by No. 91/1994 compensation payable to have regard to the s. 28(2)(b). provisions of this Part; and (b) section 91(1) provided that the licensee must S. 88(3)(b) amended by pay the licensee's own costs and the costs of No. 91/1994 the other party unless— s. 28(2)(b). (i) the other party is not the owner or S. 88(3)(b)(i) substituted by occupier of the land affected; or No. 82/2000 s. 57(2). (ii) the other party has been frivolous or vexatious or has otherwise acted unreasonably— in which case the Tribunal or the Court (as the case requires) may, subject to that section, award such costs as it thinks proper. (4) The licensee must lodge a copy of a determination under this section with the mining registrar for registration. 88A Determination of disputes—Crown land S. 88A inserted by No. 82/2000 (1) A licensee may apply to the Tribunal for a review s. 59. of any requirement made by the Minister under section 85A. (2) A person who is authorised to undertake activities on Crown land under a lease, licence, permit or other authority granted under an Act may apply to the Tribunal for a review of any decision made by the Minister under section 85A that affects the person. (3) An application for a review under this section must be made within 28 days after the later of— (a) the day on which the decision is made;
S. 88(3)(a) amended by No. 91/1994 s. 28(2)(b). (a) it required the Tribunal or the Court (as the case requires) in determining the compensation payable to have regard to the provisions of this Part; and S. 88(3)(b) amended by No. 91/1994 s. 28(2)(b). (b) section 91(1) provided that the licensee must pay the licensee's own costs and the costs of the other party unless— S. 88(3)(b)(i) substituted by No. 82/2000 s. 57(2). (i) the other party is not the owner or occupier of the land affected; or (ii) the other party has been frivolous or vexatious or has otherwise acted unreasonably— in which case the Tribunal or the Court (as the case requires) may, subject to that section, award such costs as it thinks proper. (4) The licensee must lodge a copy of a determination under this section with the mining registrar for registration. S. 88A inserted by No. 82/2000 s. 59. 88A Determination of disputes—Crown land (1) A licensee may apply to the Tribunal for a review of any requirement made by the Minister under section 85A. (2) A person who is authorised to undertake activities on Crown land under a lease, licence, permit or other authority granted under an Act may apply to the Tribunal for a review of any decision made by the Minister under section 85A that affects the person. (3) An application for a review under this section must be made within 28 days after the later of— (a) the day on which the decision is made;
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