Metropolitan Water, Sewerage, and Drainage (Coal Mining) Amendment Act 1979 (NSW)

M E T R O P O L I T A N W A T E R , S E W E R A G E , A N D D R A I N ­

A G E	( C O A L	MIN IN G)	A M E N D M E N T	A C T ,	1 9 7 9 ,
N o .	29

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

ELIZABETHE II REGINEE

Act N o . 2 9 , 1979 .

An Act to amend the Metropolitan Water, Sewerage, and Drainage Act, 1924, with respect to certain disputes involving coal mining under, or in the vicinity of, certain dams. [Assented to, 26th April, 1979.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legis­ lative 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 "Metropolitan Water,
Sewerage, and Drainage (Coal Mining) 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 the day on which Schedule 1 to the Coal Mining (Dams Safety) Amendment Act, 1979, commences.

• 3. The Metropolitan Water, Sewerage, and Drainage Act,
1924, is amended—

(a) (i) by omitting from section 55 (5) (b) the word "license" and by inserting instead the words "renewal of a lease, or any license or renewal of a license,";

(ii) by inserting in section 55 (5) (b) after the word authorisation to mine for coal or renewal of such an authorisation, or any coal lease or renewal of a coal lease, under";	"or" where secondly occurring the words "any
(iii)	by omitting from section 55 (5) the words "lease, permission" and by inserting instead the words "lease, authorisation, renewal, permission";
(iv)	by inserting after section 55 (5) the following subsection :—

( 5A ) Notwithstanding subsection ( 5 ) , the board

may not, under that subsection—

(a)	make representations relating to the safety of a dam that is a prescribed dam as denned in section 4 (1 ) of the Dams Safety Act, 1978; or
(b)	refer to the Minister a dispute concerning the safety of such a dam,

if the representations arise, or the dispute arises, from a proposal to grant under the Coal Mining Act, 1973, an authorisation to mine or a coal lease or a renewal of such an authorisation or lease.

(v)   by omitting from section 55 (6) the words "lease, permission" and by inserting instead the words "lease, authorisation, renewal, permission";

(b)	(i)	by omitting from section 146 (1) the word "When" and by inserting instead the words "Subject to
subsection ( 6 ) , when";
(ii)	by inserting after section 146 (5) the following subsection :—
(6) This section does not apply to or in respect of a dispute concerning the safety of a dam that is a prescribed dam as defined in section 4 (1) of the Dams Safety Act, 1978, if the dispute arises from a proposal to grant under the Coal Mining Act, 1973, an authorisation to mine for coal or a
lease. coal lease or a renewal of such an authorisation or