His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Mine Subsidence Compensation Act 1961.
CHRIS HARTCHER, MPMinister for Resources and Energy
1 Name of Regulation
This Regulation is the Mine Subsidence Compensation Regulation 2012.
2 Commencement
This Regulation commences on 1 September 2012.Note—This Regulation replaces the Mine Subsidence Compensation Regulation 2007 which is repealed on 1 September 2012 under section 10 (2) of the Subordinate Legislation Act 1989.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, or not exceeding 3 years if the Board is satisfied that there are special circumstances, 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, andthen 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.(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,
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 $50.
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 $25.
11 Savings
Any act, matter or thing that, immediately before the repeal of the Mine Subsidence Compensation Regulation 2007, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1 Rate of contribution to Mine Subsidence Compensation Fund for 2011
(Clause 4)
Column 1 | Column 2 |
Colliery holding | Rate (in $) |
Abel | 0.14302 |
Aberdare East | Excepted |
Aberdare North | Excepted |
Airly | 0.02242 |
Angus Place | 0.21402 |
Appin | 0.01499 |
Ashton | 0.04977 |
Austar Coal Mine | 0.02571 |
Awaba | 0.01718 |
Baal Bone | 0.09737 |
Bargo | Excepted |
Bengalla | 0.05148 |
Berrima | 0.00798 |
Bloomfield | 0.00640 |
Bluevale | Excepted |
Boggabri | 0.04436 |
Camberwell | 0.03946 |
Chain Valley | 0.01731 |
Charbon | 0.04992 |
Clarence | 0.07139 |
Cordeaux | Excepted |
Cullen Valley | 0.03337 |
Cumnock No 1 | 0.02936 |
Dartbrook | Excepted |
Dendrobium | 0.03916 |
Donaldson Coal | 0.00656 |
Drayton | 0.04168 |
Duralie | 0.03091 |
Glendell | Excepted |
Glennies Creek | 0.05286 |
Gunnedah | Excepted |
Hebburn No 3 | Excepted |
Hunter Valley Operations | 0.03969 |
Huntley | Excepted |
Invincible | 0.04356 |
Ivanhoe No 2 | 0.02576 |
Kemira | Excepted |
Liddell | 0.03510 |
Mandalong Mine | 0.11760 |
Mangoola | 0.02129 |
Mannering | 0.04120 |
Maules Creek | Excepted |
Metropolitan | 0.02330 |
Mitchells Flat | Excepted |
Moolarben | 0.15073 |
Mount Pleasant | Excepted |
Mount Thorley | 0.04770 |
Mt Arthur | 0.08661 |
Mt Owen | 0.08874 |
Munmorah | Excepted |
Muswellbrook | 0.02848 |
Myuna | 0.13538 |
Narrabri | 0.00918 |
New Wallsend No 2 | Excepted |
Newdell | Excepted |
Newstan | Excepted |
North Cliff | Excepted |
Northern | Excepted |
NRE No 1 | 0.00257 |
NRE Wongawilli | 0.03873 |
Pinedale | 0.00991 |
Preston and Preston Extended Tunnel | Excepted |
Ravensworth Underground Mine | 0.05529 |
Ravensworth West/Narama | 0.04963 |
Richmond Main East | Excepted |
Rixs Creek | 0.02238 |
Rocglen | 0.02914 |
Sandy Creek | Excepted |
Saxonvale | 0.11978 |
Springvale | 0.11848 |
Stratford | 0.00448 |
Sunnyside | 0.01325 |
Tahmoor | 0.01578 |
Tarrawonga | 0.06033 |
Tasman | 0.19677 |
Ulan No 2 | 0.11057 |
United | Excepted |
Wallarah | Excepted |
Wallerawang | Excepted |
Wambo | 0.08302 |
Warkworth | 0.04943 |
Werris Creek No 2 | 0.05479 |
West Cliff | 0.06728 |
West Wallsend | 0.39006 |
Westside | 0.01003 |
Whitehaven | 0.00132 |
Wilpinjong | 0.19234 |