Coal Mining (Amendment) Act 1982 (NSW)

COAL MINING (AMENDMENT) ACT, 1982, No. 68

Jleto &outf) Males;

ANNO TRICESIMO PRIMO

ELIZABETHS II REGINS

* # * * * * * * # * * * * # * * * * * * * # * * * * # * # * * * * * * * * * *

Act No. 68, 1982.

An Act to amend the Coal Mining Act, 1973, to make provision with respect

to the registration of colliery holdings. [Assented to, 20th May, 1982.]

Act No. 68, 1982. 2

Coal Mining (Amendment).

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short title.

1.     This Act may be cited as the "Coal Mining (Amendment) Act, 1982".

Commencement.

2.      (1) This section and section 1 shall commence on the date of assent to

this Act.

(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette (being a day that is before the day appointed and notified under section 2 (2) of the Coal Mines Regulation Act, 1982).

Principal Act.

1. The Coal Mining Act, 1973, is referred to in this Act as the Principal

Act.

Amendment of Act No. 81, 1973.

1. The Principal Act is amended in the manner set forth in Schedule 1.

3 Act No. 68, 1982.

Coal Mining (Amendment).

SCHEDULE 1.

(Sec. 4.)

AMENDMENTS TO THE PRINCIPAL ACT.

(1) Section 6 (1) , definition of "colliery holding"—

Omit the definition, insert instead:—

"colliery holding" means—

(a)	subject to section 115A, a colliery holding recorded in the register kept in accordance with section 35A of the Coal Mines Regulation Act, 1912, immediately before the commencement of Schedule 1 to the Coal Mining (Amendment) Act, 1982; or
(b)	a colliery holding registered in accordance with section

115A;

(2) Section 67 (2), (3 )—

Omit the subsections.

(3) Section U S A -

After section 115, insert:—

Colliery holdings.

115A. (1) The Secretary shall cause to be kept a register of

colliery holdings (hereinafter in this section referred to as "the
register") in such form as may be prescribed.

(2) The register kept in accordance with section 35A of the Coal Mines Regulation Act, 1912, shall be deemed to be part of the register kept under this section.

Act No. 68, 1982. 4

Coal Mining	(Amendment).
SCHEDULE	I—continued.

AMENDMENTS TO THE PRINCIPAL ACT—continued.

(3) The Secretary shall record in the register—

(a)	such particulars as are necessary to give effect to a direction given by the Minister under this section; and
(b)	such other particulars as may be prescribed.

(4) A person who has a right to mine for coal or carry out mining purposes in connection with mining for coal on land may apply to have the land—

(a) registered as a colliery holding; or

(b)	recorded on the register as part of a colliery holding already appearing on the register.
(5) A person who has an interest in a colliery holding may

apply to have the registration of the colliery holding—

(a)	cancelled; or
(b)	amended so as to exclude land from the colliery holding. (6) An application under subsection (4) or (5) shall be—

(a) lodged with the Secretary;

(b) made in writing or, if a form is prescribed, in or to the

effect of that form; and

(c) accompanied by such particulars and plans, if any, as may be prescribed.

(7) The Minister may, by instrument in writing, direct that land specified in the instrument (being land in which a person has, in the Minister's opinion, a right to mine for coal or carry out mining purposes in connection with mining for coal) be—

(a) registered as a colliery holding; or

(b) recorded on the register as part of a colliery holding already appearing on the register.

5   Act No. 68, 1982.

Coal Mining	(Amendment).
SCHEDULE	I—continued.

AMENDMENTS TO THE PRINCIPAL ACT—continued.

(8) The Minister may, by instrument in writing, direct that

the registration of a colliery holding be—

(a) cancelled; or

(b) amended so as to exclude from the colliery holding land specified in the instrument.

(9) The Minister may give a direction under subsection (7) or (8) in respect of land or a colliery holding, as the case may be, whether or not an application has been made under subsection (4) or (5) in respect of the land or colliery holding.

(10) Where the Minister executes an instrument under subsection (7) or (8) in respect of land or a colliery holding, the Secretary shall serve copies of the instrument on such persons as appear to him to have a right to mine for coal or carry out mining purposes in connection with mining for coal in the land or colliery holding, as the case may be.