Mine Subsidence Compensation (Amendment) Act 1989 (NSW)

MINE SUBSIDENCE COMPENSATION (AMENDMENT) ACT

1989 No. 154

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement

3. Amendment of Mine Subsidence Compensation Act 1961 No. 22

4. Consequential amendment of Land and Environment Court Act 1979 No. 204

SCHEDULE 1 - AMENDMENT OF MINE SUBSIDENCE COMPENSATION

ACT 1961

SCHEDULE 2 - CONSEQUENTIAL AMENDMENT OF LAND AND

ENVIRONMENT COURT ACT 1979

MINE SUBSIDENCE COMPENSATION (AMENDMENT) ACT

1989 No. 154

NEW SOUTH WALES

Act No. 154, 1989

An Act to amend the Mine Subsidence Compensation Act 1961 with

respect to rights of appeal, the meaning of subsidence, the control of unauthorised work and in other respects; and to amend the Land and Environment Court Act 1979. [Assented to 8 December 1989]

Mine Subsidence Compensation (Amendment) 1989

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Mine Subsidence Compensation

(Amendment) Act 1989.

Commencement

2. This Act commences on a day or days to be appointed by

proclamation.

Amendment of Mine Subsidence Compensation Act 1961 No. 22

3. The Mine Subsidence Compensation Act 1961 is amended as set

out in Schedule 1.

Consequential amendment of Land and Environment Court Act 1979
No. 204

4. The Land and Environment Court Act 1979 is amended as set

out in Schedule 2.

SCHEDULE 1 - AMENDMENT OF MINE SUBSDDENCE

COMPENSATION ACT 1961

(Sec. 3)

(1) Section 4 (Definitions):

Omit the definition of "Subsidence", insert instead:

"Subsidence" means subsidence due to:	(a) the extraction of coal or shale; or
(b) the prospecting for coal or shale carried out within a colliery holding by the proprietor of the holding,

and includes all vibrations or other movements of the ground related to any such extraction or prospecting (whether or not the movements result in actual subsidence).

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SCHEDULE 1 - AMENDMENT OF MINE SUBSIDENCE

COMPENSATION ACT 1961 - continued

(2) Section 5 (Appointment and constitution of the Board):

(a)

Section 5 (2) (a): insert instead "Director- General, Department of Minerals and Energy".

(b)	Section 5 (2) (c) (ii): Omit "Environment and".
(c)

Section 5 (3): Sector Management Act 1988".

(3) Section 12 (Claims for damage arising out of subsidence):

Omit section 12 (3) and (4).

(4) Section 12A (Claims arising out of actions to prevent or

mitigate damage):

(a)	Section 12A (3): Omit", (4)".
(b)	Section 12A (4): Omit the subsectioa

(5) Section 12B (Appeals):

After section 12A, insert

Appeals

12B. A person claiming compensation under section 12 or 12A may appeal to the Land and Environment Court against the decision of the Board:

(a) as to whether damage has arisen from subsidence or could reasonably have been anticipated; or

(b) as to the amount of the payment from the Fund.

Mine Subsidence Compensation (Amendment) 1989

SCHEDULE 1 - AMENDMENT OF MINE SUBSIDENCE

COMPENSATION ACT 1961 - continued

(6) Section 13 (Purchase of damaged improvements and effecting
of remedial works by the Board):

After section 13 (IB), insert

(1C) The Board may, in connection with any purchase under subsection (1), agree to increase the purchase price determined under that subsection by the amount of the reasonable incidental expenses incurred by the owner in connection with, or resulting from, the sale of the property concerned to the Board.

(7) Section 13C:

After section 13B, insert

Vacant land whose development affected by subsidence
13G If, in the opinion of the Board, the proposed erection of an improvement on vacant land has been adversely affected by subsidence or the likelihood of subsidence, the Board may (but is not required to):

(a)	acquire that land or any estate or interest in that land; or
(b)	carry out, or cause to be carried out, on that land such works as would prevent or mitigate the effects of subsidence.

(8) Section 15 (Mine Subsidence Districts):

Section 15 (5) (b): 

After "subdivision", insert ", unless a certificate is issued under section 15B (3A) in respect of the improvement or land".

(9) Section 15B (Certificates of compliance):

After section 15B (3), insert

(3A) If the Board is satisfied that

(a) an improvement or a subdivision of land referred to in an application under this section would have met

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Mine Subsidence Compensation (Amendment) 1989

SCHEDULE 1 - AMENDMENT OF MINE SUBSIDENCE

COMPENSATION ACT 1961 - continued

the requirements of subsection (3) had the Board's

approval been obtained; and

(b) it is appropriate having regard to the circumstances of the case to do so,

the Board may issue a certificate under this section in

respect of the improvement or land.

(10) Section 15D:

After section 15C, insert
Prevention of unauthorised work

15D. (1) If a person is carrying out work without an approval of the Board required under section 15 or which is not in conformity with such an approval, the Board may, by notice in writing to the person, direct the person to cease carrying out that work until the necessary approval is obtained or unless it conforms with the approval.

(2) A person who contravenes the notice is guilty of an offence.

Maximum penalty: 20 penalty units.
(3) The Board may bring proceedings in the Land and

Environment Court for an order to restrain the carrying out of work in contravention of any such notice.

(4) If the Land and Environment Court is satisfied that

the notice will be contravened unless restrained by order of

the Court, it may make such order as it thinks fit to restrain the contravention.

(11) Section 16A

After section 16, insert

Board may provide advice

16A The Board may provide advice on matters relating to mine subsidence or the development of land that may be subject to subsidence, whether or not the land concerned is within a mine subsidence district

Mine Subsidence Compensation (Amendment) 1989

SCHEDULE 2 - CONSEQUENTIAL AMENDMENT OF LAND

AND ENVIRONMENT COURT ACT 1979

(Sec. 4)

(1) Section 19 (Class 3 - land tenure, valuation, rating and

compensation matters):

After section 19 (f), insert

(fl) appeals under section 12B of the Mine

Subsidence Compensation Act 1961;

(2) Section 20 (Class 4 - environmental planning and protection

civil enforcement):

After section 20 (1) (da), insert

(db) proceedings under section 15D of the Mine

Subsidence Compensation Act 1961;

[Minister's second reading speech made in -

Legislative Assembly on 19 September 1989 Legislative Council on 15 November 1989]