Our approach is not to advise on what a company will pay but what a company is required to pay under the relevant legislation. We often consider issues other lawyers do not – why – because we have day to day understanding of life on the land – the connection to the soil and the real impact of mining on the family farm.
As the landholder you are entitled to receive compensation for any adverse impacts the resource company may cause.
You must be compensated for:
- deprivation of possession of land surface
- reduction in land value
- reduction in land use including reduced use that could be made through any improvements to it
- severance of any land from other parts of the land owned by the landholders
- any cost, damage or loss arising from activities carried out under the land surface
- damages incurred by the landholder as a consequence of matters mentioned above
The resource company is also required by law to compensate you for your reasonable and necessary legal costs incurred in the negotiating and preparation of a conduct and compensation agreement. This also extends to costs associated with accountancy and valuation services.
So how does Wright Clarke Solicitors charge?
We pride ourselves in dealing with our fees and costs with our clients upfront and in an ethical fashion. We will discuss with you how your fees will be charged and we are required by law to enter into a costs agreement which sets out the terms of our retainer.
We endeavour to ensure that the party seeking to access your property agrees to pay. Do not be fooled by limits! We will ensure that you understand what your risks are and how our fees are to be paid each step of the way!
If you are faced with CSG or coal mining activities on your land please contact the team at Wright Clarke Solicitors – we’re here to help.