Mine Subsidence Compensation Regulation 2002

1 Name of Regulation

This Regulation is the Mine Subsidence Compensation Regulation 2002.

2 Commencement

This Regulation commences on 1 September 2002.

Note—

This Regulation replaces the Mine Subsidence Compensation Regulation 1997 which is repealed on 1 September 2002 under section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions and notes

(1)  In this Regulation:

approved means approved for the time being by the Chairman of the Board.

the Act means the Mine Subsidence Compensation Act 1961.

(2)  Notes included in this Regulation do not form part of this Regulation.

4 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, to be calculated 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.

5 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.

6 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 concerned that the damage was caused by subsidence, or

(b)  if the Board determines that the owner 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.

7 Claims under section 12A

(1)  Any claim under section 12A of the Act must be in or to the effect of the approved form.

(2)  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.

(3)  However, if the claimant 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 improvements or the household or other effects on the date on which the damage occurred and on the date on which the notification was lodged,

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.

8 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.

9 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 $40.

10 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 $20.

11 Savings

Any act, matter or thing that, immediately before the repeal of the Mine Subsidence Compensation Regulation 1997, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1 Rate of contribution to mine subsidence compensation fund for 2003

(Clause 4)

Column 1	Column 2
Colliery holding	Rate (in $)
Aberdare North	Excepted
Airly	0.00118
Angus Place	0.04582
Antiene	Excepted
Appin	0.02901
Avon	Excepted
Avondale	0.00046
Baal Bone	0.06925
Bargo	Excepted
Bayswater No 2	0.44764
Bellambi West	0.00011
Bengalla	0.06931
Berrima	0.00434
Bloomfield	0.00625
Blue Mountains	0.02000
Boggabri	0.00056
Brimdale	Excepted
Brimstone Extended	Excepted
Bulli Main	Excepted
Camberwell	0.03673
Canyon	1000.00
Cardiff Borehole	Excepted
Chain Valley	0.01703
Charbon	0.02671
Clarence	0.03279
Coal Cliff	0.00062
Cordeaux	0.00305
Cullen Valley	0.08502
Cumnock No 1	0.01459
Dartbrook	0.05852
Dendrobium	Excepted
Donaldson Coal	0.02023
Drayton	0.05293
Duralie	0.00499
Elouera	0.01373
Enhance Place	0.01955
Fernbrook	0.00333
Glendell	Excepted
Glennies Creek	0.02966
Gunnedah	0.00667
Hunter Valley Extended	0.00133
Hunter Valley Operations	0.03556
Huntley	0.00035
Invincible	0.00125
Ivanhoe No 2	0.02934
John Darling	Excepted
Kandos No 3	0.00400
Kemira	0.00050
Lambton	Excepted
Liddell	0.02176
Lithgow Valley	Excepted
Mandalong	0.01938
Maules Creek	0.00049
Metropolitan	0.01595
Mitchells Flat	0.00057
Mount Owen	0.06201
Mount Thorley	0.03596
Munmorah	0.01916
Muswellbrook	0.01541
Myuna	0.04656
Narama	0.03274
Nardell Underground	Excepted
Nattai	0.00136
New Wallsend No 2	0.01051
Newdell	Excepted
Newstan	0.02977
North Cliff	0.00046
Northern	Excepted
Preston & Preston Extended Tunnel	0.01250
Ravensworth East	0.04019
Rixs Creek	0.01465
Saxonvale	0.05367
Southland	0.04231
Springvale	0.04839
Stratford	0.07430
Tahmoor	0.01521
Ulan No 2	0.07390
United	0.07325
Valley No 1	0.01449
Valley No 3	0.02558
Vickery	0.00230
Wallarah	0.00060
Wallerawang	Excepted
Wambo	0.06098
Warkworth	0.06477
West Cliff	0.10581
West Wallsend	0.05047
Western Main	0.00250
Westside	0.00404
Whitehaven	0.03676
Wyee	0.00052

sch 1: Subst 23.5.2003; 12.3.2004.