Coal Mine Subsidence Compensation Regulation 2017 (NSW)

1Name of Regulation

This Regulation is the Coal Mine Subsidence Compensation Regulation 2017.

2Commencement

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

3Definition(1)

In this Regulation—

the Act means the Coal Mine Subsidence Compensation Act 2017.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)

Notes included in this Regulation do not form part of this Regulation.

4Meaning of “active coal mine”(1)

A coal mine that is a colliery holding referred to in paragraph (a) of the definition of active coal mine in section 4 (1) of the Act is excluded from that definition if any part of the holding is shown hatched red and labelled “inactive underground coal mining” on the Active Coal Mines Map.

(2)

A coal mine referred to in subclause (1) is prescribed for the purposes of paragraph (b) of the definition of active coal mine in section 4 (1) of the Act, but only in relation to land that is not shown hatched red and labelled “inactive underground coal mining” on the Active Coal Mines Map.

(3)

In this clause—

Active Coal Mines Map means the Coal Mine Subsidence Compensation Act 2017—Active Coal Mines Map published in the Gazette on 8 December 2017.

authorisation means an authorisation under the Mining Act 1992.

mining lease means a mining lease under the Mining Act 1992.

5Meaning of “infrastructure”

For the purposes of the definition of infrastructure in section 4 (1) of the Act, the following buildings and works are prescribed—

• (a)

  bridges,

• (b)

  weirs,

• (c)

  tunnels,

• (d)

  culverts.

6Extension of time within which certain claims for compensation must be made(1)

For the purposes of section 11 (4) of the Act, a claim for compensation for preventative or mitigative expenses under section 7 (2) (a) of the Act may, if the Chief Executive determines that special circumstances exist, be made within 6 months after the expense to which the claim relates became known to the claimant.

(2)

For the purposes of section 11 (5) of the Act, a claim for compensation for damage under section 7 (2) (b) of the Act incurred as a result of the exercise by the Chief Executive of powers under section 29 of the Act may, if the Chief Executive determines that special circumstances exist, be made within 6 months after the damage to which the claim relates became known to the claimant.

Note.

The following are examples of special circumstances—

• (a)

  if the claimant was absent on an extended period of travel during the initial 3 month period,

• (b)

  if the claimant has experienced illness or death in their immediate family during the initial 3 month period,

• (c)

  if the claimant has suffered from a mental incapacity during the initial 3 month period.

6AMine 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 of public surveys means the register of that name kept under the Surveying and Spatial Information Act 2002.

cl 6A: Ins 2018 (509), Sch 2 [1].

7Meaning of “qualified valuer”

For the purposes of the meaning of qualified valuer in section 26 (7) of the Act, the following classes of persons are prescribed—

• (a)

  the members of the Australian Valuers Institute (other than associate or student members),

• (b)

  the members of the Australian Property Institute (other than student or provisional members) who acquired membership in connection with their occupations as valuers,

• (c)

  the persons who hold membership of the Royal Institution of Chartered Surveyors as chartered valuers.

8Provision of reports relating to ground movement and subsidence

The proprietor of an active coal mine must, at such times as are determined by the Chief Executive and notified to the proprietor, provide the Chief Executive with reports in relation to the coal mine, in the manner and form approved by the Chief Executive, on the following matters—

• (a)

  ground movement,

• (b)

  surveying data that indicates whether any subsidence is ongoing or complete.

Maximum penalty—10 penalty units.

9Delegation

For the purposes of section 52 (1) (b) of the Act, the Secretary may delegate functions under the Act to a person who is a retired Supreme Court, Land and Environment Court or District Court judge.

cl 9: Am 2018 (182), Sch 1 [1].

10Contributions under section 33(1)

For the purposes of section 33 of the Act, the Chief Executive may, by notice in writing given to the proprietor of a coal mine specified in Column 1 of Schedule 2, levy the amount (if any) specified in Column 2 of that Schedule opposite that coal mine as a contribution payable to the Coal Mine Subsidence Compensation Fund.

(2)

A contribution levied by the Chief Executive is due and payable within 28 days of receipt of the notice referred to in subsection (1).

(3)

For any calendar year, the Chief Executive must not levy more than 1 contribution in respect of a particular coal mine.

cl 10: Ins 2018 (182), Sch 1 [2]. Subst 2019 (278), Sch 2 [1]. Am 2020 (274), Sch 1[1].

Schedule 1Penalty notice offences

For the purposes of section 57 of the Act—

• (a)

  each offence specified in this Schedule is an offence for which a penalty notice may be issued, and

• (b)

  the amount payable under any such penalty notice is the amount specified in this Schedule for the offence.

Column 1	Column 2	Column 3
Provision	Penalty for an individual	Penalty for a corporation
Offences under the Act
Section 15 (6)	$1,250	$2,500
Section 21 (1) and (2)	$750	$1,500
Section 27 (2)	$2,500	$5,000
Section 50 (2)	$750	$1,500
Offences under this Regulation
Clause 8	$500	$1,000

Schedule 2Coal Mine Subsidence Compensation Fund Contributions

clause 10

Coal mine	Contribution
Abel	—
Airly	$158,109.94
Angus Place	—
Appin	$751,847.77
Ashton	$153,395.32
Austar	—
Avondale	—
Awaba	—
Baal Bone	—
Bargo	—
Bengalla	$1,729,674.20
Berrima	—
Blandford Project	—
Bloomfield	$79,244.10
Blue Mountains	—
Boggabri	$1,302,771.54
Chain Valley	$266,872.18
Charbon	—
Clarence	$288,280.76
Cordeaux	—
Cullen Valley	$33,156.51
Cumnock No 1	$1,655,138.10
Dartbrook — Anglo	—
Dendrobium	$522,001.66
Donaldson Coal	—
Drayton	—
Duralie	—
Elouera	—
Enhance	—
Glennies Creek (HVCC)	$312,201.49
Gunnedah (NAMOI)	—
Hill Top No 2	—
Hunter Valley Operations	$2,051,277.01
Huntley - Heritage	—
Invincible - Shoalhaven Coal Pty Ltd	—
Ivanhoe	—
Kandos	—
Lambton	—
Liddell	$176,042.50
Mandalong	$364,293.94
Mangoola	$1,526,251.35
Mannering	—
Maules Creek	$1,560,689.80
Maxwell Infrastructure	$19,495.83
Metropolitan	$544,755.68
Mitchells Flat	—
Moolarben	$3,666,691.02
Mount Owen	$974,177.88
Mount Thorley	$1,422,974.75
Mount Thorley Warkworth Operations	$565,235.85
Mt Arthur	$2,683,950.84
Mt Pleasant	$1,323,027.59
Munmorah	—
Muswellbrook	—
Myuna	$263,313.39
Narrabri	$1,055,711.63
Nattai	—
Neubecks Creek	—
New Wallsend No 2	—
Newstan	—
Northern	—
Preston Extended	—
Ravensworth Operations	—
Ravensworth Underground	—
Ravensworth West Colliery	—
Rix’s Creek	$292,890.62
Rocglen Open Cut	—
Russell Vale	$78,705.34
Sandy Creek	—
Saxonvale	—
Saxonvale Open Cut / Beltana No 1	$1,210,434.45
South Bulga Underground	—
Springvale	$595,309.03
Stratford	$83,134.52
Sunnyside	—
Tahmoor	$412,338.66
Tarrawonga	$301,950.21
Tasman	—
Tower	—
Ulan	$2,935,532.79
United	—
United Wambo Joint Venture—Glencore	$441,598.97
United Wambo Joint Venture—Peabody	$432,206.85
Vickery Colliery	$14,227.17
Wallarah	—
Wallerawang	—
Wambo	$307,509.37
Warkworth	—
Werris Creek No 2	$271,851.49
West Cliff	—
West Wallsend	—
Westside Open Cut	—
Westside (Teralba)	—
Whitehaven	—
Wilpinjong	$1,927,727.90
Wongawilli	—

sch 2: Subst 2018 (182), Sch 1 [3]; 2019 (278), Sch 2 [2]. Am 2020 (274), Sch 1[2]; 2021 (210), Sch 1; 2022 (301), Sch 1. Subst 2023 (341), Sch 1; 2024 (216), Sch 1; 2025 (210), Sch 1.

Schedule 3Mine 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.

sch 3: Ins 2018 (182), Sch 1 [3]. Subst 2018 (509), Sch 2 [2].

Historical notesTable of amending instruments

Coal Mine Subsidence Compensation Regulation 2017 (686). LW 8.12.2017. Date of commencement, 1.1.2018, cl 2. This Regulation has been amended as follows—

2018	(182)	Coal Mine Subsidence Compensation Amendment Regulation 2018. LW 27.4.2018. Date of commencement, on publication on LW, cl 2.
(509)	Coal Mine Subsidence Compensation Amendment (Miscellaneous) Regulation 2018. LW 31.8.2018. Date of commencement, 1.9.2018, cl 2.
2019	(278)	Coal Mine Subsidence Compensation Amendment (Miscellaneous) Regulation 2019. LW 28.6.2019. Date of commencement, on publication on LW, cl 2.
2020	(274)	Coal Mine Subsidence Compensation Amendment (Contributions) Regulation 2020. LW 19.6.2020. Date of commencement, on publication on LW, cl 2.
2021	(210)	Coal Mine Subsidence Compensation Amendment (Contributions) Regulation 2021. LW 7.5.2021. Date of commencement, on publication on LW, cl 2.
2022	(301)	Coal Mine Subsidence Compensation Amendment (Contributions) Regulation 2022. LW 17.6.2022. Date of commencement, on publication on LW, sec 2.
2023	(341)	Coal Mine Subsidence Compensation Amendment (Contributions) Regulation 2023. LW 29.6.2023. Date of commencement, on publication on LW, sec 2.
2024	(216)	Coal Mine Subsidence Compensation Amendment (Contributions) Regulation 2024. LW 21.6.2024. Date of commencement, on publication on LW, sec 2.
2025	(210)	Coal Mine Subsidence Compensation Amendment (Contributions) Regulation 2025. LW 16.5.2025. Date of commencement, on publication on LW, sec 2.

Table of amendments

Cl 6A	Ins 2018 (509), Sch 2 [1].
Cl 9	Am 2018 (182), Sch 1 [1].
Cl 10	Ins 2018 (182), Sch 1 [2]. Subst 2019 (278), Sch 2 [1]. Am 2020 (274), Sch 1[1].
Sch 2	Subst 2018 (182), Sch 1 [3]; 2019 (278), Sch 2 [2]. Am 2020 (274), Sch 1[2]; 2021 (210), Sch 1; 2022 (301), Sch 1. Subst 2023 (341), Sch 1; 2024 (216), Sch 1; 2025 (210), Sch 1.
Sch 3	Ins 2018 (182), Sch 1 [3]. Subst 2018 (509), Sch 2 [2].