Coal Acquisition Act 1981 - Coal Acquisition (Re-acquisition Arrangements) Order 2001 (2001-724) [GG No 135 of 7.9.2001, p 7567] (NSW)

2001 No 724

Coal Acquisition (Re-acquisition New South Wales

Arrangements) Order 2001

under the

Coal Acquisition Act 1981

I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 6 of the Coal Acquisition Act 1981, make the following Order.

Dated this 30th day of August 2001.

By Her Excellency’s Command,

The Hon EDWARD OBEID, M.L.C.,

Minister for Mineral Resources

Explanatory note
The object of this Order is to amend the Coal Acquisition (Re-acquisition

Arrangements) Order 1997 so as:

(a)	to enable the New South Wales Coal Compensation Board to refuse, in certain circumstances, an application by a person for compensation for consequential loss on the revesting of coal in the Crown under section 5A of the Coal Acquisition Act 1981, and
(b)	to provide that appeals against a determination of compensation or the refusal of an application for compensation are to be lodged with the New South Wales Coal Compensation Review Tribunal (which deals with the appeals) instead of the Board, and
Published in Gazette No 135 of 7 September 2001, page 7567	Page 1
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2001 No 724
Coal Acquisition (Re-acquisition Arrangements) Order 2001
Explanatory note
(c)	to provide that the Tribunal, rather than the Board, is empowered to extend the time for lodging a notice of appeal, and
(d)	to reduce the application fee for an appeal to the Tribunal by $400 to $100.

This order also makes consequential amendments to the Coal Acquisition
(Compensation) Arrangements 1985.

2001 No 724

Coal Acquisition (Re-acquisition Arrangements) Order 2001

Contents

Contents

Page

1	Name of Order	4
2	Amendment of Coal Acquisition (Re-acquisition
Arrangements) Order 1997	4
3	Amendment of Coal Acquisition (Compensation)
Arrangements 1985	4
4	Notes	4

Schedules

1    Amendment of Coal Acquisition (Re-acquisition

Arrangements) Order 1997 5

2    Amendment of Coal Acquisition (Compensation)

Arrangements 1985 6

2001 No 724

Clause 1 Coal Acquisition (Re-acquisition Arrangements) Order 2001

Coal Acquisition (Re-acquisition Arrangements)
Order 2001

1. Name of Order

   This Order is the Coal Acquisition (Re-acquisition Arrangements)

   Order 2001.

2 Amendment of Coal Acquisition (Re-acquisition Arrangements)

Order 1997

The Coal Acquisition (Re-acquisition Arrangements) Order 1997 is amended as set out in Schedule 1.

1. Amendment of Coal Acquisition (Compensation) Arrangements 1985

   The Coal Acquisition (Compensation) Arrangements 1985 is amended as set out in Schedule 2.

4 Notes

The explanatory note and table of contents do not form part of this
Order.

2001 No 724

Coal Acquisition (Re-acquisition Arrangements) Order 2001

Amendment of Coal Acquisition (Re-acquisition Arrangements) Order 1997	Schedule 1
Schedule 1	Amendment of Coal Acquisition (Re-acquisition Arrangements) Order 1997

(Clause 3)

1. Clause 7 Compensation for consequential loss when coal revested

   Insert after clause 7 (3):

(3A)

If, on considering a claim to which this clause applies:

(a)	the Board is not satisfied that the applicant has sustained a loss, or
(b)	the Board is satisfied that the applicant has sustained a loss but, having regard to all the circumstances of the case, considers it would not be just and equitable for compensation to be paid in respect of the claim,

the Board is to refuse the claim.

1. Clause 23 Appeals

Omit “Board” from clause 23 (2) where firstly occurring.
Insert instead “Tribunal”.

1. Clause 23 (2)

   Omit “$500”. Insert instead “$100”.

2. Clause 23 (3)

Omit “Board” where firstly, secondly and lastly occurring.
Insert instead “Tribunal”.

2001 No 724

Coal Acquisition (Re-acquisition Arrangements) Order 2001

Schedule 2	Amendment of Coal Acquisition (Compensation) Arrangements 1985
Schedule 2	Amendment of Coal Acquisition (Compensation) Arrangements 1985

(Clause 4)

1. Clause 3 Definitions

   Insert in alphabetical order:

   applicant means an applicant for compensation under the 1997
   Compensation Arrangements.
   application means an application for compensation under the
   1997 Compensation Arrangements.

2. Clause 28 Hearing of appeal by Tribunal

   Insert at the end of the clause:

(2) Schedule 3 applies in respect of an appeal under clause 23 of the 1997 Compensation Arrangements as if a reference in that Schedule to “claim” and “claimant” were a reference to “application” and “applicant”.

1. Clause 29 Decisions of Compensation Review Tribunal

   Insert “or application” after “claim” wherever occurring in clause 29 (2) and (3).

2. Clause 29 (3)

   Insert “or applicant” after “claimant” wherever occurring.

3. Schedule 3 Provisions relating to hearing of appeals by Compensation Review Tribunal

Omit “under clause 27” from clauses 2, 3 and 6 wherever occurring.
Insert instead “with the Tribunal”.

1. Schedule 3, clause 7

   Omit “under clause 27”. Insert instead “before the Tribunal”.

2001 No 724

Coal Acquisition (Re-acquisition Arrangements) Order 2001

Amendment of Coal Acquisition (Compensation) Arrangements 1985 Schedule 2

1. Schedule 3, clause 10

Omit “under clause 27, the Compensation Review Tribunal”.
Insert instead “with the Tribunal, the Tribunal”.

1. Schedule 3, clause 11

   Omit “lodged under clause 27”.

BY AUTHORITY