Coal Mine Subsidence Compensation Amendment (Miscellaneous) Regulation 2018 (NSW)

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New South Wales

Coal Mine Subsidence Compensation

Amendment (Miscellaneous) Regulation

2018

under the

Coal Mine Subsidence Compensation Act 2017

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Coal Mine Subsidence Compensation Act 2017.

VICTOR DOMINELLO, MP

Minister for Finance, Services and Property

Explanatory note
The objects of this Regulation are:

(a) to amend the Coal Mine Subsidence Compensation Act 2017 to continue for a further period of 6 months (ending on 30 June 2019) provisions of the repealed Mine Subsidence Compensation Act 1961 relating to certificates of compliance and certificates of claims paid, and
(b) to amend the Coal Mine Subsidence Compensation Regulation 2017 to declare the new mine subsidence district of Branxton.

This Regulation is made under the Coal Mine Subsidence Compensation Act 2017, including sections 20 and 51 (the general regulation-making power) and clause 1 of Schedule 1.

Coal Mine Subsidence Compensation Amendment (Miscellaneous) Regulation 2018 [NSW]

Coal Mine Subsidence Compensation Amendment

(Miscellaneous) Regulation 2018

under the
Coal Mine Subsidence Compensation Act 2017

1      Name of Regulation

This Regulation is the Coal Mine Subsidence Compensation Amendment

(Miscellaneous) Regulation 2018.

2      Commencement

This Regulation commences on 1 September 2018 and is required to be published on the NSW legislation website.

Page 2 Published LW 31 August 2018 (2018 No 509)

Coal Mine Subsidence Compensation Amendment (Miscellaneous) Regulation 2018 [NSW]

Schedule 1 Amendment of Coal Mine Subsidence Compensation Act 2017 No 37
Schedule 1 Amendment of Coal Mine Subsidence
Compensation Act 2017 No 37

[1]      Schedule 1 Savings, transitional and other provisions

Omit “for 12 months” from the heading to clause 14.

[2]      Schedule 1, clause 14

Omit “abolition day”. Insert instead “30 June 2019”.

[3]      Schedule 1, clause 14 (2)

Insert at the end of clause 14:

(2)

For the purposes of the application of those sections during the period commencing on the abolition day and ending on 30 June 2019, a reference to the Mine Subsidence Board relating to an application for or issue of a certificate under those sections is taken to be a reference to the Chief Executive.

Coal Mine Subsidence Compensation Amendment (Miscellaneous) Regulation 2018 [NSW]

Schedule 2 Amendment of Coal Mine Subsidence Compensation Regulation 2017
Schedule 2 Amendment of Coal Mine Subsidence
Compensation Regulation 2017

[1]      Clause 6A

Insert after clause 6:

6A Mine subsidence districts
(1) For the purposes of section 20 of the Act, an area whose boundaries are shown on a map held in the register of public surveys and having an identifier number specified in Schedule 3 is declared to be the mine subsidence district referred to in Schedule 3 opposite that identifier number.
(2) In this clause, register o f public surveys means the register of that name kept
under the Surveying and Spatial Information Act 2002.

[2]      Schedule 3

Omit the Schedule. Insert instead:

Schedule 3 Mine subsidence districts

(Clause 6A)

Mine subsidence district Map identifier
number
Branxton Mine Subsidence District PP5229

Note. Areas proclaimed by the Mine Subsidence Compensation (Mine Subsidence Districts) Proclamation 2017 to be mine subsidence districts under the Mine Subsidence Compensation Act 1961 immediately before its repeal are taken to be mine subsidence districts under the Coal Mine Subsidence Compensation Act 2017—see clause 8 of Schedule 1 to the Act.

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