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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Coal Acquisition Legislation Repeal
Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of other Acts and instruments 2
4 Repeal of other Acts and instruments 2
5 Repeal of this Act 2
Schedule 1 Amendments relating to acquisition of coal otherwise
than by revesting 3
Schedule 2 Amendments relating to the Coal Compensation Board
and Compensation Review Tribunal 4
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, , 2007
New South Wales
Coal Acquisition Legislation Repeal
Bill 2007
Act No , 2007
An Act to amend, and eventually repeal, the Coal Acquisition Act 1981, the Coal
Ownership (Restitution) Act 1990 and certain other legislation relating to the
acquisition and restitution of rights with respect to coal, and to make consequential
amendments to certain other legislation.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Coal Acquisition Legislation Repeal Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Coal Acquisition Legislation Repeal Act 2007.
2 Commencement
(1) This Act commences on the date of assent, except as provided by
subsection (2).
(2) Section 4 and Schedule 2 commence on a day or days to be appointed
by proclamation.
(3) Different days may be appointed for the commencement of a single
provision of section 4 or Schedule 2 for the purpose of commencing the
repeals or amendments effected by the provision on different days.
3 Amendment of other Acts and instruments
The Acts and instruments specified in Schedules 1 and 2 are amended
as set out in those Schedules.
4 Repeal of other Acts and instruments
The following Acts and instruments are repealed:
(a) the Coal Acquisition Act 1981, and the Coal Acquisition
(Compensation) Arrangements 1985 and Coal Acquisition
(Re-acquisition Arrangements) Order 1997 made under that Act,
(b) the Coal Mining (Amendment) Act 1981, and the Coal
Acquisition (Transitional Provisions) Regulation 1982 made
under that Act,
(c) the Coal Ownership (Restitution) Act 1990, and the Coal
Ownership (Restitution) Regulation 2005 made under that Act.
5 Repeal of this Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Coal Acquisition Legislation Repeal Bill 2007
Amendments relating to acquisition of coal otherwise than by revesting Schedule 1
Schedule 1 Amendments relating to acquisition of
coal otherwise than by revesting
(Section 3)
1.1 Coal Acquisition Act 1981 No 109
Section 5B Acquisition of coal on behalf of the Crown otherwise than by
revesting
Omit section 5B (3) and (4).
1.2 Coal Acquisition (Re-acquisition Arrangements) Order 1997
Part 4 Voluntary acquisition of coal by agreement
Omit the Part.
Page 3
Coal Acquisition Legislation Repeal Bill 2007
Schedule 2 Amendments relating to the Coal Compensation Board and Compensation
Review Tribunal
Schedule 2 Amendments relating to the Coal
Compensation Board and Compensation
Review Tribunal
(Section 3)
2.1 Coal Acquisition (Compensation) Arrangements 1985
[1] Clauses 4, 5, 6, 26, 26A and 26B
Omit the clauses.
[2] Clause 29 Decisions of Compensation Review Tribunal
Insert after clause 29 (3A):
(3B) A claim or application may not be remitted pursuant to subclause
(2) (b) or (3) (b) as a consequence of any decision made after the
commencement of this subclause to allow an appeal.
[3] Schedule 1 Provisions with respect to the Compensation Board and the
Compensation Review Tribunal
Omit the Schedule.
2.2 Freedom of Information Regulation 2005
Schedule 3 Public authorities
Omit the matter relating to the Coal Compensation Board from Part 3 of the
Schedule.
2.3 Mining Act 1992 No 29
[1] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Coal Acquisition Legislation Repeal Act 2007
Page 4
Coal Acquisition Legislation Repeal Bill 2007
Amendments relating to the Coal Compensation Board and Compensation Schedule 2
Review Tribunal
[2] Schedule 6
Insert at the end of the Schedule, with appropriate Part and clause numbers:
Part Provisions consequent on the enactment
of the Coal Acquisition Legislation Repeal
Act 2007
Definitions
In this Part:
Board means the New South Wales Coal Compensation Board
established under the 1985 Arrangements.
the 1985 Arrangements means the Coal Acquisition
(Compensation) Arrangements 1985, as in force immediately
before the commencement of this Part.
the 1990 Act means the Coal Ownership (Restitution) Act 1990,
as in force immediately before the commencement of this Part.
the 1997 Order means the Coal Acquisition (Re-acquisition
Arrangements) Order 1997, as in force immediately before the
commencement of this Part.
Tribunal means the New South Wales Coal Compensation
Review Tribunal established under the 1985 Arrangements.
Abolition of Board and Tribunal
(1) The Board and the Tribunal are abolished.
(2) Any person who, immediately before the commencement of this
Part, held office as a member of the Board or the Tribunal ceases
to hold office as such on that commencement.
(3) A person who ceases to hold office pursuant to this clause is not
entitled to compensation because of that loss of office.
Assets of the Board
Any assets that, immediately before the commencement of this
Part, were available for use for the purposes of the Board become
available, on that commencement, for use for the purposes of the
Department.
Page 5
Coal Acquisition Legislation Repeal Bill 2007
Schedule 2 Amendments relating to the Coal Compensation Board and Compensation
Review Tribunal
Annual report
(1) The Board's obligations with respect to the preparation of annual
reports under clause 7 of the 1985 Arrangements are taken to
have become, on the commencement of this Part, the
Director-General's obligations.
(2) A report prepared by the Director-General pursuant to such an
obligation in relation to any period may form part of the
Department's report under the Annual Reports (Departments)
Act 1985 in relation to the same period.
Pending claims under the 1985 Arrangements
(1) Any claim under the 1985 Arrangements that had not been
determined before the commencement of this Part is to be
determined by the Director-General.
(2) The provisions of the 1985 Arrangements apply to:
(a) the determination of such a claim, and
(b) the payment of compensation in connection with such a
claim,
as if references in those provisions to the Board were references
to the Director-General.
Pending appeals under the 1985 Arrangements
(1) Any appeal under the 1985 Arrangements that had not been
determined before the commencement of this Part is to be
determined by the Land and Environment Court.
(2) The provisions of the 1985 Arrangements apply to the
determination of such an appeal as if references in those
provisions to the Tribunal were references to the Land and
Environment Court.
(3) In particular, the costs incurred by a party in respect of such an
appeal are to be borne by that party, as provided by clause 12 of
Schedule 3 to the 1985 Arrangements, and are not to be the
subject of any order by the Land and Environment Court.
(4) Proceedings on such an appeal are taken to be proceedings in
Class 3 of the Land and Environment Court's jurisdiction.
(5) Rules may be made under the Land and Environment Court Act
1979 in relation to such an appeal.
Page 6
Coal Acquisition Legislation Repeal Bill 2007
Amendments relating to the Coal Compensation Board and Compensation Schedule 2
Review Tribunal
New appeals under the 1985 Arrangements
(1) A person may, in accordance with the 1985 Arrangements,
appeal to the Land and Environment Court against:
(a) any determination or refusal of a claim following a
decision made by the Board before the commencement of
this Part, or
(b) any determination or refusal of a claim following a
decision made by the Director-General on or after the
commencement of this Part.
(2) The provisions of the 1985 Arrangements apply to the
determination of such an appeal as if:
(a) references in those provisions to the Tribunal were
references to the Land and Environment Court, and
(b) references in those provisions to the Board, in relation to
any decision referred to in subclause (1) (b), were
references to the Director-General.
(3) In particular:
(a) the fee for filing a process to commence such an appeal is
the fee prescribed by the 1985 Arrangements, and not the
fee prescribed under the Land and Environment Court Act
1979, and
(b) the costs incurred by a party in respect of such an appeal
are to be borne by that party, as provided by clause 12 of
Schedule 3 to the 1985 Arrangements, and may not be the
subject of any order by the Land and Environment Court.
(4) Proceedings on such an appeal are taken to be proceedings in
Class 3 of the Land and Environment Court's jurisdiction.
(5) Rules may be made under the Land and Environment Court Act
1979 in relation to such an appeal.
Pending applications under the 1997 Order
(1) Any application under the 1997 Order that had not been
determined before the commencement of this Part is to be
determined by the Director-General.
(2) The provisions of the 1997 Order and 1985 Arrangements apply
to:
(a) the determination of such an application, and
Page 7
Coal Acquisition Legislation Repeal Bill 2007
Schedule 2 Amendments relating to the Coal Compensation Board and Compensation
Review Tribunal
(b) the payment of compensation in connection with such an
application,
as if references in those provisions to the Board were references
to the Director-General.
Pending appeals under the 1997 Order
(1) Any appeal under the 1997 Order that had not been determined
before the commencement of this Part is to be determined by the
Land and Environment Court.
(2) The provisions of the 1997 Order and 1985 Arrangements apply
to the determination of such an appeal as if references in those
provisions to the Tribunal were references to the Land and
Environment Court.
(3) In particular, the costs incurred by a party in respect of such an
appeal are to be borne by that party, as provided by clause 12 of
Schedule 3 to the 1985 Arrangements, and are not to be the
subject of any order by the Land and Environment Court.
(4) Proceedings on such an appeal are taken to be proceedings in
Class 3 of the Land and Environment Court's jurisdiction.
(5) Rules may be made under the Land and Environment Court Act
1979 in relation to such an appeal.
New appeals under the 1997 Order
(1) A person may, in accordance with the 1997 Order, appeal to the
Land and Environment Court against:
(a) any determination or refusal of a claim following a
decision made by the Board before the commencement of
this Part, or
(b) any determination or refusal of a claim following a
decision made by the Director-General on or after the
commencement of this Part.
(2) The provisions of the 1997 Order and 1985 Arrangements apply
to the determination of such an appeal as if:
(a) references in those provisions to the Tribunal were
references to the Land and Environment Court, and
(b) references in those provisions to the Board, in relation to
any decision referred to in subclause (1) (b), were
references to the Director-General.
Page 8
Coal Acquisition Legislation Repeal Bill 2007
Amendments relating to the Coal Compensation Board and Compensation Schedule 2
Review Tribunal
(3) In particular:
(a) the fee for filing a process to commence such an appeal is
the fee prescribed by the 1997 Order, and not the fee
prescribed under the Land and Environment Court Act
1979, and
(b) the costs incurred by a party in respect of such an appeal
are to be borne by that party, as provided by clause 12 of
Schedule 3 to the 1985 Arrangements, and may not be the
subject of any order by the Land and Environment Court.
(4) Proceedings on such an appeal are taken to be proceedings in
Class 3 of the Land and Environment Court's jurisdiction.
(5) Rules may be made under the Land and Environment Court Act
1979 in relation to such an appeal.
Pending applications under the 1990 Act
(1) Any application under the 1990 Act that had not been determined
before the commencement of this Part is to be determined by the
Director-General.
(2) The provisions of the 1990 Act apply to:
(a) the determination of such an application, and
(b) the refund of compensation in connection with the granting
of such an application,
as if references in those provisions to the Board were references
to the Director-General.
2.4 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Omit "New South Wales Coal Compensation Board".
Page 9
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