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This Regulation replaces the Mine Subsidence Compensation Regulation 1997 which is repealed on 1 September 2002 under section 10 (2) of the Subordinate Legislation Act 1989.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 2004

(Clause 4)

Column 1	Column 2
Colliery holding	Rate (in $)
Aberdare North	Excepted
Airly	0.00108
Angus Place	0.03954
Antiene	Excepted
Appin	0.03310
Ashton Project	0.00165
Avondale	0.00039
Baal Bone	0.08737
Bargo	Excepted
Bayswater No 2	0.12239
Bellpac No 1	0.00018
Bengalla	0.09096
Berrima	0.00975
Bloomfield	0.00764
Blue Mountains	0.02000
Camberwell	0.03855
Canyon	Excepted
Chain Valley	0.03003
Charbon	0.04274
Clarence	0.04876
Coal Cliff	0.00048
Cordeaux	0.00077
Cullen Valley	0.09580
Cumnock No 1	0.03506
Dartbrook	0.21633
Dendrobium	Excepted
Donaldson Coal	0.03241
Drayton	0.39431
Duralie	0.02723
Elouera	0.02152
Enhance Place	0.03222
Glendell	Excepted
Glennies Creek	0.04520
Gunnedah	0.00667
Hunter Valley Extended	0.00154
Hunter Valley Operations	0.04510
Huntley	0.00031
Invincible	0.00133
Ivanhoe No 2	0.02480
Kandos No 3	0.00400
Kemira	0.00047
Lambton	Excepted
Liddell	0.02253
Liddell State Coal Mine	Excepted
Mandalong	0.01066
Maules Creek	0.00048
Metropolitan	0.04253
Mitchells Flat	0.00044
Mount Owen	0.06921
Mount Thorley	0.05960
Munmorah	0.02610
Muswellbrook	0.06528
Myuna	0.08263
Narama	0.03753
Nardell	0.00247
Nattai	0.00105
Neubecks Creek	Excepted
New Wallsend No 2	0.00155
Newdell	Excepted
Newstan	0.04246
North Cliff	Excepted
Northern	Excepted
Preston and Preston Extended Tunnel	0.01250
Ravensworth East	0.04650
Rixs Creek	0.02764
Sandy Creek	Excepted
Saxonvale (and Beltana Underground)	0.10564
Southland	0.03671
Springvale	0.07902
Stratford	0.00859
Tahmoor	0.01990
Tasman	Excepted
Ulan No 2	0.10723
United	0.12939
Vickery	0.00226
Wallarah	0.00130
Wallerawang	0.00333
Wambo	0.04937
Warkworth	0.07890
West Cliff	0.03257
West Wallsend	0.08021
Western Main	0.00250
Westside	0.00456
Whitehaven	0.05436
Wyee	0.00047

sch 1: Subst 23.5.2003; 12.3.2004; 2005 (187), Sch 1.