Environmental Law

Contact: James Plumb, Partner and Duncan Lomas, Solicitor; Carter Newell (Queensland, Australia) 

Carter Newell first reported on the matter of Henry v ERO Georgetown Gold Operations Pty Ltd (ERO) [2015] QLC 13 in our previous newsletter issued in June 2015 titled ‘Material change in circumstances’. In this case, the landholder successfully applied to the Land Court claiming that there had been a material change of circumstances in mining operations on the land, since the entry by the parties into a compensation agreement in 2002. The key issue in dispute was whether the actions of ERO, in fencing off and restricting access to an existing road on the land, amounted to a material change in circumstances warranting an adjustment to the compensation paid to the landholder.

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