Mine Subsidence Compensation Act 1961 Mine Subsidence Compensation Regulation 1997 (1997-452) [GG No 95 of 29.8.1997, p 7065] (NSW)
1997 No 452
New South Wales Mine Subsidence Compensation
Regulation 1997
under the
Mine Subsidence Compensation Act 1961
His Excellency the Lieutenant-Govemor, with the advice of the Executive Council, has made the following Regulation under the Mine Subsidence
Compensation Act 1961.
BOB MARTIN, M.P.,
Minister for Mineral Resources
Explanatory note
The object of this Regulation is to repeal and remake, with no changes in substance, the provisions of the Mine Subsidence Compensation Regulation
1992. rates of contribution to the Mine Subsidence Compensation Fund
(clause 5 and Schedule l),
the period for which compensation for untenantable buildings and
works is payable in relation to certain kinds of damage arising from
mine subsidence (clause 6),
the period within which certain claims for compensation must be made
under section 12 of the Act (clause 7),
certain matters relating to the making of claims for compensationThe new Regulation deals with the following matters: qualifications in valuation to be recognised for the purposes of section
13 of the Act (clause 9),
and 11), fees for the purposes of sections 15B and 15C of the Act (clauses 10 Published in Gazette No 95 of 29 August 1997, page 7065 Page 1
1997 No 452
Mine Subsidence Compensation Regulation 1997
Explanatory note
(g) other minor, consequential and ancillary matters (clauses 1, 2, 3, 4 and 12).
This Regulation is made under the Mine Subsidence Compensation Act
1961, including section 18 (the general regulation making power) and
sections 11, 12, 12A, 13, 15B and 15C.This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.
Page
1 Name of Regulation 3 2 Commencement 3 3 Definitions 3 4 Notes 3 5 Contributions under section 11 (1A) 3 6 Prescribed period under section 12 (1) (c) 4 7 Notifications under section 12 (2) 4 8 Claims under section 12A 4 9 Prescribed qualifications of valuer under section 13 (1) (a) 5 10 Prescribed fee under section 15B (2) 5 11 Prescribed fee under section 15C (2) 5 12 Repeal 5
Schedule 1 Rate of contribution to Mine Subsidence
Compensation Fund for 1996 6
1997 No 452
Mine Subsidence Compensation Regulation 1997
Mine Subsidence Compensation Regulation 1997
1 Name of Regulation
This Regulation is the Mine Subsidence Compensation
Regulation 1997.
2 Commencement
This Regulation commences on 1 September 1997.
3 Definitions
In this Regulation:
approved means approved for the time being by the Chairman of
the Board . Board means the Mine Subsidence Board.
the Act means the Mine Subsidence Compensation Act 1961.
4 Notes
The explanatory note and table of contents do not form part of this Regulation.
5 Contributions under section 11 (1A)
For the purposes of section 11 (1A) of the Act, in respect of the year referred to in the heading to Schedule 1:
(a) the contribution payable to the Mine Subsidence Compensation Fund by the proprietor of a colliery holding specified in Column 1 of that Schedule is, for each dollar of the land value of that colliery holding, at the rate (if
any) specified in Column 2 of that Schedule opposite that
colliery holding, and(b) the proprietor of a colliery holding specified in Column 1 of that Schedule is, if no rate is specified in Column 2 of that Schedule opposite that colliery holding, excepted from contributing to the Mine Subsidence Compensation Fund.
1997 No 452
Clause 6 Mine Subsidence Compensation Regulation 1997 6 Prescribed period under section 12 (1) (c)
The prescribed period for the purposes of section 12 (1) (c) of the Act is the period, not exceeding 6 months, during which any buildings or works are (by reason of damage arising from subsidence due to the extraction of coal or shale) untenantable, under repair or in course of construction.
7 Notifications under section 12 (2)
A notification under section 12 (2) of the Act must be lodged
with the Secretary of the Board:
(a) within 12 months after the day on which it became known to the owner of the improvement that the damage was caused by subsidence, or (b) if the Board determines that the owner of the improvement should have known on a particular day that the damage was caused by subsidence, within 12 months after that day, or
(c)
if the Board determines that a longer period is justified in the circumstances of the case, within the longer period so determined.
8 Claims under section 12A
Any claim under section 12A of the Act must be in or to the effect of the approved form.
For the purposes of section 12A (2) (a) of the Act, the prescribed time within which a claim referred to in section 12A (1) (a) must be lodged with the Secretary of the Board is 3 months from the date on which the damage occurred.
However, if the owner of the improvement satisfies the Board:
(a) that he or she was not aware of the damage on the date on which it occurred or was not aware that the damage was caused by the exercise by the Board of its powers under section 13A of the Act, and (b) that he or she was the owner of the improvement on the date on which the damage occurred and on the date on which the notification was lodged,
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Mine Subsidence Compensation Regulation 1997 Clause 8
then the prescribed time within which the claim must be lodged is 3 months from the date on which he or she became aware of the damage or became aware that the damage was caused by the exercise by the Board of its powers under section 13A of the Act.
9 Prescribed qualifications of valuer under section 13 (1) (a)
For the purposes of section 13 (1) (a) of the Act, a valuer has the prescribed qualifications if the valuer is registered as a practising real estate valuer under the Valuers Registration Act 1975.
10 Prescribed fee under section 15B (2)
For the purposes of section 15B (2) of the Act, the prescribed fee to accompany an application for a certificate of compliance is:
(a) $37, in relation to an application made on or before 31 December 1997, and (b) $40, in relation to an application made on or after 1 January 1998.
11 Prescribed fee under section 15C (2)
For the purposes of section 15C (2) of the Act, the prescribed fee to accompany an application for a certificate to the effect that a compensation claim has been paid is:
(a)
$17, in relation to an application made on or before 31 December 1997, and
(b)
$20, in relation to an application made on or after 1 January 1998.
12 Repeal
(1) The Mine Subsidence Compensation Regulation 1992 is repealed. (2)
Any act, matter or thing that, immediately before the repeal of the Mine Subsidence Compensation Regulation 1992, had effect under that Regulation continues to have effect under this Regulation.
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Mine Subsidence Compensation Regulation 1997
Schedule 4 Rate of Contribution to Mine Subsidence Compensation Fund for 1996
Schedule 1 Rate of Contribution to Mine
Subsidence Compensation Fund for
1996
(Clause 5)
Column 4 Column 2 Colliery Holding Rate (in $) Aberdare North 0.00043 Angus Place 0.05429 Antiene Excepted Appin 0.04303 Ashford Open Cut 0.02500 Avon 0.03238 Avondale 0.00069 Awaba 0.01011 Baal Bone 0.10472 Bargo Excepted Bayswater No 2 0.05697 Bengalla Excepted Berrima 0.01362 Bloomfield 0.01477 Blue Mountains 0.02733 Boggabri 0.00060 Brimdale Excepted Brimstone 0.01725 Bulli 0.00040
B u l l i M a i n E x c e p t e d Burwood Excepted
Camberwell 0.04775 Canyon 0.01337 Chain Valley 0.05348
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Mine Subsidence Compensation Regulation 1997
Rate of Contribution to Mine Subsidence Compensation Fund for 1996 Schedule 1 Column 1 Column 2 Colliery Holding Rate (in $)
Charbon 0.02258 Clarence 0 .06892 Coal Cliff 0.00071 C o o r a n b o n g 0 . 0 7 9 0 9 Cordeaux 0.04741 Cumnock No l 0.05109 D a r t b r o o k 0 . 0 1 0 4 2 Dray ton 0 .06405 Elouera 0.03716 Endeavour 0.01846 Fernbrook 0.00303 Glende l l Excep ted
Glennies Creek 0.00080
Great Greta 0.03555 Gretley 0.07801
Gunnedah 0.08980 Howick Open Cut 0.05142 Hunter Valley 0.05404 Hunter Valley Extension 0.00149
Huntley 0.00041 Invincible 0.03845 Ivanhoe 0.04095 John Darling 0.02000 Kandos No 3 0.00716
Kemira 0.00039 Lambton 0.00179 Lemington 0.84812 Liddell 0.01960 1997 No 452
Mine Subsidence Compensation Regulation 1997
Schedule 1 Rate of Contribution to Mine Subsidence Compensation Fund for 1996
Column 1 Column 2 Colliery Holding Rate (in $) Liddell State 0.00200 Lithgow Valley Excepted Maules Creek 0.00057 Metropolitan 0.03085 Mitchells Flat 0.00057 Mt Owen 0.01263 Mt Thorley 0.04509
Munmorah 0.05748 Muswellbrook 0.03907 Myuna 0.06780 Narama 0.04299 Nardell Excepted Nattai Excepted Newdell 0.00185 Newstan 0.05783 Northcliff 0.00040 Northern 0.00414 Oakdale 0.02571 Pelton 0.05851 Preston 0.02729 Ravensworth No 2 0.07947
Rixs Creek 0.01479 Saxonvale 0.07113 South Bulli 0.01476 South Clifton 0.00493 Springvale 0.03800 Stanford Main No 2 0.00167 Stratford 0.01883
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Mine Subsidence Compensation Regulation 1997
Rate of Contribution to Mine Subsidence Compensation Fund for 1996 Schedule 1 Column 1 Column 2 Colliery Holding Rate (in $)
Swamp Creek 0 .00040 Tahmoor 0 .03337 Tera lba 0 .07501 Tongarra 0.01802 Tower 0.03364 Ulan No 2 0.10518 Uni ted 0 .02886
Valley No 1 Excepted Valley No 3 Excepted Vickery 0.00074 Wallamaine 0 .00500 Wallarah 0.00922 Wallerawang 0.00435 Wambo 0.06348
Warkwor th 0 .04350
West Cliff 0.03812 West Wallsend 0.06193 Western Main 0.00286 Westside Open Cut 0.00716 Wyee 0.06349
0
0
0