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This Regulation replaces the Mine Subsidence Compensation Regulation 1997 which is repealed on 1 September 2002 under section 10 (2) of the Subordinate Legislation Act 1989.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 2005

(Clause 4)

Column 1	Column 2
Colliery holding	Rate (in $)
Aberdare North	Excepted
Airly	0.00108
Angus Place	0.09058
Antiene	Excepted
Appin	0.03819
Ashton	0.02023
Austar	0.00038
Avon	Excepted
Avondale	Excepted
Awaba	0.01066
Baal Bone	0.12220
Bargo	Excepted
Bayswater No 2	0.11514
Bengalla	0.06552
Berrima	0.00510
Bloomfield	0.00466
Blue Mountains	0.02000
Boggabri	0.00049
Brimdale	Excepted
Camberwell	0.03241
Canyon	Excepted
Cardiff Borehole	Excepted
Chain Valley	0.02463
Charbon	0.03684
Clarence	0.05515
Cordeaux	0.00877
Cullen Valley	0.01083
Cumnock No 1	0.03556
Dartbrook	0.14629
Dendrobium	0.00525
Donaldson Coal	0.02236
Drayton	0.06177
Duralie	0.02351
Elouera	0.01936
Enhance Place	0.01862
Glendell	Excepted
Glennies Creek	0.03449
Gunnedah	0.00571
Hunter Valley Extended	0.00166
Hunter Valley Operations	0.05283
Huntley	Excepted
Invincible	0.00133
Ivanhoe No 2	0.00216
John Darling	Excepted
Kandos No 3	0.00400
Lambton	Excepted
Liddell	0.02299
Mandalong	0.02125
Mannering	0.00741
Maules Creek	0.00047
Metropolitan	0.04595
Mitchells Flat	0.00044
Mount Owen	0.04794
Mount Thorley	0.04524
Munmorah	0.01843
Muswellbrook	0.05551
Myuna	0.05501
Narama	0.03091
Nardell Underground	0.01270
Nattai	0.00105
New Wallsend No 2	0.00656
Newdell	Excepted
Newstan	0.07482
North Cliff	Excepted
Northern	Excepted
NRE No 1	0.00012
Preston and Preston Extended Tunnel	0.01000
Ravensworth East	0.03011
Ravensworth No 2	Excepted
Rixs Creek	0.01693
Sandy Creek	Excepted
Saxonvale	0.10365
Springvale	0.07248
Stratford	0.02957
Tahmoor	0.03150
Ulan No 2	0.08601
United	0.10906
Vickery	0.00200
Wallarah	Excepted
Wallerawang	0.00333
Wambo	0.03443
Warkworth	0.07859
West Cliff	0.06013
West Wallsend	0.06211
Western Main	0.00250
Westside	0.00407
Whitehaven	0.08563

sch 1: Subst 23.5.2003; 12.3.2004; 2005 (187), Sch 1; 2006 (92), Sch 1.