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This Regulation replaces the Mine Subsidence Compensation Regulation 2002 which is repealed on 1 September 2007 under section 10 (2) of the Subordinate Legislation Act 1989.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 2008
(Clause 4)
Column 1
Column 2
Colliery holding
Rate (in $)
Abel
Excepted
Aberdare North
Excepted
Airly
0.00101
Angus Place
0.23180
Antiene
Excepted
Appin
0.04527
Ashton
0.13589
Austar
0.02866
Avon
Excepted
Awaba
0.09049
Baal Bone
0.31558
Bargo
Excepted
Bayswater No 2
0.07997
Bengalla
0.09668
Berrima
0.00955
Bloomfield
0.02506
Blue Mountains
0.02000
Boggabri
0.03131
Brimdale
Excepted
Camberwell
0.10103
Canyon
Excepted
Cardiff Borehole
Excepted
Chain Valley
0.04790
Charbon
0.07605
Clarence
0.05925
Cordeaux
0.00871
Cullen Valley
0.02816
Cumnock No 1
0.09912
Dartbrook
0.00100
Delta
Excepted
Dendrobium
0.04775
Donaldson Coal
0.01750
Drayton
0.10411
Duralie
0.07299
Enhance Place
0.12508
Glendell
Excepted
Glennies Creek
0.11988
Gunnedah
0.00278
Hebburn No 3
Excepted
Hunter Valley Extended
Excepted
Hunter Valley Operations
0.09960
Huntley
Excepted
Invincible
0.15170
Ivanhoe No 2
0.00170
John Darling
Excepted
Kandos No 3
0.00400
Kemira
0.00093
Lambton
Excepted
Liddell
0.06348
Mandalong Mine
0.13568
Mannering
0.04595
Maules Creek
0.00033
Metropolitan
0.08773
Mitchells Flat
0.00043
Moolarben
Excepted
Mount Owen
0.15374
Mount Thorley
0.06729
Munmorah
0.00034
Muswellbrook
0.06997
Myuna
0.15169
Narama
0.07015
Narrabri
0.00051
Nattai
0.00150
New Wallsend No 2
0.00639
Newdell
Excepted
Newpac No 1
0.05738
Newstan
0.09049
North Cliff
Excepted
Northern
Excepted
NRE Avondale
0.00060
NRE No 1
0.00688
NRE Wongawilli
0.00031
Pinedale
0.00142
Preston and Preston Extended Tunnel
0.00690
Ravensworth No 2
0.08026
Rixs Creek
0.04465
Sandy Creek
Excepted
Saxonvale
0.33565
Springvale
0.19984
Stratford
0.05628
Tahmoor
0.04848
Tarrawonga
0.05350
Tasman
0.02852
Ulan No 2
0.23838
United
0.29340
Vickery
0.04975
Wallarah
Excepted
Wallerawang
0.04545
Wambo
0.09850
Warkworth
0.11868
Werris Creek No 2
0.05709
West Cliff
0.18190
West Wallsend
0.15425
Western Main
0.00200
Westside
0.02637
Whitehaven
0.20307
Wilpinjong
0.13820
sch 1: Subst 2008 (131), Sch 1; 2008 (603), Sch 1.