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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Coal Acquisition Amendment (Fair
Compensation) Bill 2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Coal Acquisition Act 1981 No 109 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
Coal Acquisition Amendment (Fair
Compensation) Bill 2005
Act No , 2005
An Act to amend the Coal Acquisition Act 1981 to make further provision for the
payment of compensation under that Act; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Coal Acquisition Amendment (Fair Compensation) Bill 2005
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Coal Acquisition Amendment (Fair Compensation)
Act 2005.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Coal Acquisition Act 1981 No 109
The Coal Acquisition Act 1981 is amended as set out in Schedule 1.
Page 2
Coal Acquisition Amendment (Fair Compensation) Bill 2005
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order:
Coal Compensation Board means the New South Wales Coal
Compensation Board established under the Coal Acquisition
(Compensation) Arrangements 1985.
[2] Section 5B Acquisition of coal on behalf of the Crown otherwise than by
revesting
Omit "New South Wales Coal Compensation Board established under the
Coal Acquisition (Compensation) Arrangements 1985" from section 5B (3).
Insert instead "Coal Compensation Board".
[3] Section 6 Arrangements by the Governor
Insert "(taking into account section 6A)" after "subsection (1)" in section 6 (2).
[4] Section 6A
Insert after section 6:
6A Special provisions relating to compensation
(1) Section 6, and any arrangements made under that section, are
subject to the provisions of this section.
(2) If royalty is to be included in the determination of compensation
under section 6 in relation to any claim, the royalty is to be
calculated in accordance with the provisions of the Mining Act
1992 and the Mining Regulation 2003 relating to the payment of
royalty, as those provisions were in force immediately before
1 July 2004.
(3) Despite subsection (2), the determination of compensation
payable under section 6 in relation to any claim must not include
an additional amount in respect of royalty under section 283 (1)
(b) of the Mining Act 1992 (or any provision of or made under the
former Coal Mining Act 1973 relating to the payment of
additional royalty) unless the Coal Compensation Board
considers it appropriate and the amount relates to a period
occurring before 1 July 2004.
Page 3
Coal Acquisition Amendment (Fair Compensation) Bill 2005
Schedule 1 Amendments
(4) Any additional amount of royalty referred to in subsection (3) is
to be calculated in accordance with the provisions of section 283
(1) (b) of the Mining Act 1992, and the relevant provisions of the
Mining Regulation 2003, as in force immediately before 1 July
2004.
(5) The determination of compensation payable under section 6 in
relation to any claim must not include any amount in respect of
any contract or other arrangement that:
(a) was entered into by an applicant or tenderer for, or the
holder of, any lease, licence or other authorisation under
the Coal Mining Act 1973 (as in force before its repeal) or
the Mining Act 1992, and
(b) was entered into for the purpose of fulfilling a requirement
relating to the grant of the lease, licence or other
authorisation or a condition of the lease, licence or other
authorisation, and
(c) related to the price at which coal was to be supplied to
another party to the contract or arrangement.
(6) The provisions of this section extend to any compensation in
relation to a claim that has not been finally determined at the
commencement of this section, including a claim that is the
subject of any appeal, judicial review or redetermination.
(7) However, the provisions of this section:
(a) do not affect any payment of compensation under section
6 made before the commencement of this section if the
payment was in respect of a claim that had been finally
determined before that commencement, or
(b) do not entitle any person who has received a payment
referred to in paragraph (a) in respect of a claim to any
further payment of compensation under section 6 in
respect of the claim.
Page 4
Coal Acquisition Amendment (Fair Compensation) Bill 2005
Amendments Schedule 1
(8) The arrangements made under section 6 may (but need not) make
provision with respect to the circumstances in which a claim is
taken to have been finally determined for the purposes of this
section.
(9) In this section, a reference to a claim includes a reference to an
application.
Page 5
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