Mine Subsidence Compensation Regulation 2012



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This Regulation replaces the Mine Subsidence Compensation Regulation 2007 which is repealed on 1 September 2012 under section 10 (2) of the Subordinate Legislation Act 1989.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.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(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, 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   (Repealed)
cl 8: Rep 2015 No 48, Sch 1.19.
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 2016
(Clause 4)
Column 1
Column 2
Colliery holding
Rate (in $)
Abel
0.02846
Aberdare East
Excepted
Aberdare North
Excepted
Airly
0.05057
Angus Place
Excepted
Appin
0.05094
Ashton
0.03411
Austar Coal Mine
0.00874
Awaba
Excepted
Baal Bone
Excepted
Bargo
Excepted
Bengalla
0.06464
Berrima
0.00024
Bloomfield
0.01246
Bluevale
Excepted
Boggabri
0.08243
Camberwell
Excepted
Chain Valley
0.03538
Charbon
0.0176
Clarence
0.10292
Cordeaux
Excepted
Cullen Valley
Excepted
Cumnock No 1
0.05921
Dartbrook
Excepted
Dendrobium
0.05745
Donaldson Coal
Excepted
Drayton
0.02895
Duralie
0.01778
Glendell
Excepted
Glennies Creek
Excepted
Gunnedah
Excepted
Hebburn No 3
Excepted
Hunter Valley Operations
0.0333
Huntley
Excepted
Invincible
Excepted
Ivanhoe No 2
Excepted
Kemira
Excepted
Liddell
0.02177
Mandalong Mine
0.11174
Mangoola
0.05522
Mannering
Excepted
Maules Creek
0.07071
Metropolitan
0.04144
Mitchells Flat
Excepted
Moolarben
0.09168
Mount Pleasant
Excepted
Mount Thorley
0.04481
Mt Arthur
0.07674
Mt Owen
0.07208
Munmorah
Excepted
Muswellbrook
0.06054
Myuna
0.078
Narama
Excepted
Narrabri
0.20964
New Wallsend No 2
Excepted
Newdell
Excepted
Newstan
Excepted
North Cliff
Excepted
Northern
Excepted
NRE Wongawilli
0.00014
Pinedale
Excepted
Preston and Preston Extended Tunnel
Excepted
Ravensworth Operations
Excepted
Ravensworth Underground Mine
Excepted
Richmond Main East
Excepted
Rixs Creek
0.02118
Rocglen
0.04488
Russell Vale
0.00245
Sandy Creek
Excepted
Saxonvale
0.07718
Springvale
0.14429
Stratford
Excepted
Sunnyside
Excepted
Tahmoor
0.05975
Tarrawonga
0.03322
Tasman
Excepted
Ulan No 2
0.21886
United
Excepted
Wallarah
Excepted
Wallerawang
Excepted
Wambo
0.05269
Warkworth
0.0562
Werris Creek No 2
0.0485
West Cliff
0.09795
West Wallsend
0.06728
Westside
Excepted
Whitehaven
0.00304
Wilpinjong
0.18763
sch 1: Subst 2012 (669), Sch 1; 2013 (724), Sch 1; 2015 (70), Sch 1; 2016 (16), Sch 1; 2017 (58), Sch 1.