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COAL ACQUISITION (AMENDMENT) BILL 1990
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
This Bill is cognate with the Coal Ownership (Restitution) Bill 1990.
The object of this Bill is to amend the Coal Acquisition Act 1981 for the purpose
of making further provision with respect to determining cases in which compensation
is to be payable in consequence of the operation of that Act. In particular, the Bill
will enable limits to be placed on the amounts of compensation that are payable
under arrangements made under section 6 of that Act to specified persons or persons
of a specified class.
In addition, the Bill will empower a person presiding over proceedings held for
the purpose of determining claims for compensation under those arrangements to
issue summonses to persons to attend the proceedings to give evidence or to produce
specified documents that are relevant to those proceedings.
Clause 1 specifies the short title to the proposed Act.
Clause 2 provides for the proposed Act to commence on a day or days to be
appointed by proclamation.
Clause 3 gives effect to Schedule 1 which contains amendments to the Coal
Acquisition Act 1981.
SCHEDULE 1 - AMENDMENTS
Schedule 1 (1) amends section 3 of the Principal Act (Definitions) by inserting in
that Act a definition of "relevant proceedings". ("Relevant proceedings" arc
proceedings held for the purpose of determining compensation claims.)
Schedule 1 (2) amends section 5 of the Principal Act (Vesting of coal in the
Crown). The amendment makes it clear that the section will not operate so as to vest
Coal Mining (Restitution)1990
in the Crown coal granted under the proposed Coal Ownership (Restitution) Act
1990. It is also made clear that the section did not have the effect of discharging coal
leases to which the coal vested in the Crown was subject immediately before 1
January 1982 (which was the date on which the Principal Act commenced).
Schedule 1 (3) amends section 6 of the Principal Act (Arrangements by the
Governor) so as to enable arrangements under the section to discriminate between
claimants under the arrangements by providing for limits to the amounts that
specified claimants, or claimants of a specified class, may claim. The amendment will
also empower the person presiding over proceedings to determine a claim for
compensation under the arrangements:
(a) to issue a summons requiring a person specified in the summons to attend
to give evidence, or to produce specified documents, at the proceedings; and
(b) to take evidence in the proceedings on oath.
Schedule 1 (4) inserts into the Principal Act proposed section 7 which will create
a number of offences. For instance, if arrangements in force under section 6 of the
Principal Act authorise the issue of summonses requiring attendance at relevant
proceedings for the purpose of giving evidence or producing documents in those
proceedings, it will be an offence, punishable by a fine not exceeding 20 penalty units
($2,000) for a person to whom a summons is issued under the arrangements to fail
without reasonable excuse to comply with the summons. Schedule 1 (4) also inserts
into the Principal Act proposed section 8 which will confer jurisdiction on a Local
Court to deal with an offence under that Act.
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