Coal Mining (Dams Safety) Amendment Act 1979 (NSW)

C O A L M I N I N G ( D A M S S A F E T Y ) A M E N D M E N T

A C T , 1979 , N o . 18

A N N O V I C E S I M O O C T A V O

ELIZABETHE II REGINE

Act N o . 18 , 1979 .

An Act to amend the Coal Mining Act, 1973, with respect to the grant and renewal of authorisations to mine coal, and coal leases, affecting land under, or in the vicinity of, certain dams. [Assented to, 24th April, 1979.1

1979; Broken Hill Water and Sewerage (Coal Mining) Amendment Act, -1979.

See also Metropolitan Water, Sewerage, and Drainage (Coal Mining) Amendment Act,
1979; Hunter District Water, Sewerage and Drainage (Coal Mining) Amendment Act,

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 :—

1 .      This Act may be cited as the "Coal Mining (Dams Safety)

Amendment Act, 1979".

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

of assent to this Act.

(2) Except as provided in subsection ( 1 ) , this Act shall

commence on—

(a) the date of assent to this Act; or

(b) the day appointed and notified under section 2 (2) of the Dams Safety Act, 1978,

whichever is the later.

3. The Coal Mining Act, 1973, is amended in the manner set

forth in Schedule 1.

SCHEDULE 1.

A M E N D M E N T S TO THE COAL MINING A C T , 1 9 7 3 .

( 1 ) (a ) Section 6 ( 1 ) , definitions of "dam", "Dams Safety

Committee"—

After the definition of "Crown lease for pastoral purposes", insert :—

"dam" includes the water or other material

impounded by the dam;

"Dams Safety Committee" means the Dams Safety

Committee constituted by section 7 of the

Dams Safety Act, 1 9 7 8 ;

(b) Section 6 ( 1 ) , definition of "notification area"—

After the definition of "mining purpose", insert :— "notification area", in relation to a prescribed dam, means the land for the time being declared under section 17A to be the notification area for the dam;

(c) Section 6 ( 1 ) , definition of "prescribed dam"—

After the definition of "owner", insert :—

"prescribed dam" has the same meaning as it has in

the Dams Safety Act, 1 9 7 8 ;

( 2 ) Section 1 7 A —

After section 1 7 , insert :—

17A. The Dams Safety Committee may, by order pub­ lished in the Gazette in relation to a prescribed dam, declare that the land described in the order, excluding land under the dam, is the notification area for the dam.

SCHEDULE 1—continued.

A M E N D M E N T S TO THE COAL MIN IN G A C T , 1973—continued.

(3) Section 21 ( 6 ) , ( 7 ) , ( 8 ) —

After section 21 ( 5 ) , insert :—

(6) An application for an authorisation to mine for

coal—

(a) under a prescribed dam; or

(b) in or under the notification area for a prescribed

dam,

shall not be granted unless subsection (7) has been

complied with in relation to the application.

(7) This subsection is complied with in relation to an

application for an authorisation to mine for coal if—

(a) the Dams Safety Committee and the owner of

the dam have been notified in writing of the application and of a period within which recommendations may be made to the Minister by the Dams Safety Committee in connection with the application;

(b)	the notification under paragraph (a) is accom­
panied by a description or plan of the area to which the application relates;
(c)	the Under Secretary has complied with any
reasonable request made by the Dams Safety Committee or the owner of the dam for further information in connection with the application;
(d)	the Dams Safety Committee has, within the
period specified in the notification referred to in paragraph ( a ) , or within such further period as the Under Secretary in special circumstances may allow, made its recommendations concerning the

SCHEDULE 1—continued.

A M E N D M E N T S TO THE COAL MI NI NG A C T , 1973—continued.

application or has informed the Minister in writing that it does not propose to make any such recommendations; and

(e)	where the Dams Safety Committee has made
recommendations under paragraph ( d ) , the

application is dealt with—

(i)   in accordance with those recommenda­

tions; or

(ii)   where the Minister does not accept those recommendations or any of them—in accordance with a determination under subsection ( 8 ) .

(8) Where the Minister does not accept the recom­ mendations of the Dams Safety Committee made as provided by subsection ( 7 ) , or where the Dams Safety Committee has failed to make any such recommendations and has not informed the Minister in writing that it does not propose to make any such recommendations, the application shall be dealt with by the Minister in relation to matters dealing with the safety of a prescribed dam—

(a) as determined by agreement between the Minister and the Minister administering the Dams Safety

Act, 1978; or

(b) in the event of failure to reach agreement under

paragraph ( a )—as determined by the Premier.

(4) Section 24 ( 6 A ) —

After section 24 ( 6 ) , insert :—

(6A) Subsection (6) does not operate to permit the

grant of an authorisation to mine for coal—

(a) under a prescribed dam; or

SCHEDULE 1—continued.

A M E N D M E N T S TO THE COAL M I N I N G A C T , 1973—cont inued.

(b) in or under the notification area for a prescribed

dam.

( 5 ) Section 2 5 ( 1 0 A ) —

After section 2 5 ( 1 0 ) , i n se r t :—

( 1 0 A ) The provisions of section 2 1 ( 6 ) , ( 7 ) and ( 8 )

apply to and in respect of an application for renewal of an authorisation to mine for coal in the same way as they apply to and in respect of an application for such an authorisation.

(6 . ) Section 5 0 ( 3 A ) —

After section 5 0 ( 3 ) , insert :—

( 3 A ) The provisions of section 6 1 A apply to and in

respect of an application for renewal of a coal lease in the same way as they apply to and in respect of an application for a coal lease made otherwise than pursuant to an

invitation under section 3 4 .
( 7 )	Section 61A—

After section 6 1 , insert :—

6 1 A . ( 1 ) In this section "prescribed land" means land

that is—

(a) under a prescribed dam; or

(b) in or under the notification area for a prescribed

dam.

SCHEDULE 1—continued.

A M E N D M E N T S TO THE COAL M I N I N G A C T , 1973—cont inued.

( 2 ) A coal lease shall not be granted over

prescribed land pursuant to an application under section

3 0 or 3 5 or a tender under section 3 3 unless—

(a) in the case of an application under section 30—

before the coal lease is granted;

(b)	in the case of an application under section 35—
before the invitation to apply is served under section 3 4 ; or
(c)	in the case of a tender—before the invitation to

tender is published in the Gazette under section

3 2 ,

subsection ( 3 ) has been complied with in relation to the

application or tender.

( 3 ) This subsection is complied with in relation to

an application or tender referred to in subsection ( 2 ) if—

(a) the Dams Safety Committee and the owner of

the dam have been notified in writing—

(i) of the application under section 3 0 ;

(ii)   of the proposal to invite tenders under

section 3 2 ; or

(hi) of the proposal to invite an application

under section 3 4 , as the case may be;

(b) the notification referred to in paragraph ( a ) —

(i)   is accompanied by a description or plan

of the area to which the application or
the proposal relates; and

S C H E D U L E 1—-continued.

A M E N D M E N T S TO THE COAL M I N I N G A C T , 1973—cont inued.

(ii)   specifies a period within which recom­ mendations may be made to the Minister by the Dams Safety Committee in connection with the application or the proposal;

(c) the Under Secretary has complied with any

reasonable request made by the Dams Safety Committee or the owner of the dam for further information in connection with the application or the proposal;

(d) the Dams Safety Committee has, within the

period specified under paragraph (b) ( i i ) , or within such further period as the Under Secretary in special circumstances may allow, made its recommendations concerning the application or the proposal or has informed the Minister in writing that it does not propose to make any such recommendations; and

(e)	where the Dams Safety Committee has made recommendations under paragraph ( d ) , the application is dealt with, or the proposal is in
terms that a re—

(i)   in accordance with those recommenda­

tions; or

(ii)   where the Minister does not accept those recommendations or any of them—in accordance with a determination under subsection ( 4 ) .

( 4 ) Where the Minister does not accept the recommendations of the Dams Safety Committee made as provided by subsection ( 3 ) , or where the Dams Safety Committee has failed to make any such recommendations

SCHEDULE 1—continued.

A M E N D M E N T S TO THE COAL M I N I N G A C T , 1973—continued.

and has not informed the Minister in writing that it does not propose to make any such recommendations, the application shall be dealt with, or the proposal shall be in terms that are, in relation to matters dealing with the safety of a prescribed dam—

(a)	as determined by agreement between the Minister
and the Minister administering the Dams Safety Act, 1978; or
(b)	in the event of failure to reach agreement under

paragraph ( a )—as determined by the Premier.

(8) Section 62 (6A) —

After section 62 ( 6 ) , insert :—

(6A) Subsection (6) does not operate to permit the

grant of a coal lease—

(a) under a prescribed dam; or

(b) in or under the notification area for a prescribed

dam.

(9 ) (a) Section 87 (1) ( c ) —

After "lease" where firstly occurring, insert " (not being an objection relating to the safety of a prescribed dam)" .

(b) Section 87 (1) ( c ) —

After "condition", insert "(not being a condition relating to the safety of a prescribed dam)" .

67880G-6

S C H E D U L E 1—continued.

A M E N D M E N T S TO THE COAL M I N I N G A C T , 1973—cont inued.

(c) Section 87 (3) ( c ) —

After "lease" where firstly occurring, insert "(not being an objection relating to the safety of a

prescribed dam)" .

(d ) Section 87 (3) ( c ) —

After "condition", insert " (not being a condition relating to the safety of a prescribed dam)" .

(e) Section 87 ( 4 ) ( a ) —

After "object", insert ", except on grounds relating to the safety of a prescribed dam,".

(f) Section 87 ( 4 ) ( b ) —

After "instrument", insert ", not being conditions relating to the safety of a prescribed darn,".