If an operator has not paid money payable under a surface lease, right of entry order or compensation order and the due date for the payment has passed, the person entitled to the money may bring an application under section 36 of the Surface Rights Act. Upon receiving evidence of the non-payment the Board will issue a notice to the operator, demanding full payment. If the notice is not complied with, the Board may suspend the operator’s right to enter the site and following notice of its intention to do so terminate all of the operators rights under the right of entry order or lease relating to the site and may direct payment by the Minister.
**The Surface Rights Board is pleased to announce that it has recently streamlined its procedures for recurring applications for recovery of annual compensation under section 36 of the Surface Rights Act. These new procedures apply when the Minister has previously made payment under section 36 to the same applicant(s), for the same site, licenced to the same Operator, under the same surface lease or compensation order. Applicants may now establish their entitlement to compensation by completing the new application form and signing it in the presence of a witness; they will no longer have to complete a Statutory Declaration sworn by a Commissioner for Oaths.
For more information on recovery of rentals, refer to the following:
If you would like to appoint a personal representative to assist you in the application/hearing process the "Appointment of Personal Representative
" Form should be completed and returned to the Board.