Table Of Contents

Mine Subsidence Compensation Regulation 2007

1   Name of Regulation
This Regulation is the Mine Subsidence Compensation Regulation 2007.
2   Commencement
This Regulation commences on 1 September 2007.
Note—
This Regulation replaces the Mine Subsidence Compensation Regulation 2002 which is repealed on 1 September 2007 under section 10 (2) of the Subordinate Legislation Act 1989.
3   Definitions
(1)  In this Regulation:
approved means approved for the time being by the chairperson 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 Act 2003.
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 2002, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1 Rate of contribution to Mine Subsidence Compensation Fund for 2007
(Clause 4)
Column 1
Column 2
Colliery holding
Rate (in $)
Aberdare North
Excepted
Airly
0.00108
Angus Place
0.19895
Antiene
Excepted
Appin
0.09582
Ashton
0.08694
Austar
0.06366
Avon
Excepted
Awaba
0.07813
Baal Bone
0.21358
Bargo
Excepted
Bayswater No 2
0.32133
Bengalla
0.15890
Berrima
0.01211
Bloomfield
0.01077
Blue Mountains
0.02000
Boggabri
0.02625
Brimdale
Excepted
Camberwell
0.07351
Canyon
Excepted
Cardiff Borehole
Excepted
Chain Valley
0.06818
Charbon
0.08875
Clarence
0.08379
Cordeaux
0.00871
Cullen Valley
0.02348
Cumnock No 1
0.07011
Dartbrook
0.18262
Delta
Excepted
Dendrobium
0.04036
Donaldson Coal
0.03367
Drayton
0.12024
Duralie
0.10135
Elouera
0.02474
Enhance Place
0.12913
Glendell
Excepted
Glennies Creek
0.09893
Gunnedah
0.00278
Hebburn No 3
Excepted
Hunter Valley Operations
0.07557
Huntley
Excepted
Invincible
0.08111
Ivanhoe No 2
0.00163
John Darling
Excepted
Kandos No 3
0.00400
Kemira
0.00093
Lambton
Excepted
Liddell
0.04829
Mandalong Mine
0.10783
Mannering
0.04399
Maules Creek
0.00038
Metropolitan
0.10506
Mitchells Flat
0.00043
Mount Owen
0.09037
Mount Thorley
0.07368
Munmorah
0.00032
Muswellbrook
0.06891
Myuna
0.11586
Narama
0.06606
Nattai
0.00151
New Wallsend No 2
0.00639
Newdell
Excepted
Newpac No 1
0.06571
Newstan
0.07817
North Cliff
Excepted
Northern
Excepted
NRE Avondale
0.00077
NRE No 1
0.00781
Pinedale
Excepted
Preston and Preston Extended Tunnel
0.00690
Ravensworth No 2
0.07830
Rixs Creek
0.04445
Sandy Creek
Excepted
Saxonvale
0.26628
Springvale
0.24794
Stratford
0.00827
Tahmoor
0.06894
Tarrawonga
0.02039
Tasman
0.00737
Ulan No 2
0.22708
United
0.17526
Vickery
0.05000
Wallarah
Excepted
Wallerawang
0.00400
Wambo
0.09692
Warkworth
0.11886
Werris Creek No 2
0.07013
West Cliff
0.16453
West Wallsend
0.13499
Western Main
0.00250
Westside
0.01254
Whitehaven
0.09034
Wilpinjong
0.06894
sch 1: Subst 2008 (131), Sch 1.