Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The objects of this Bill are:

(a) to provide for the amendment, and eventual repeal, of 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 (the coal
acquisition legislation), and

(b) to abolish the New South Wales Coal Compensation Board (the Board) and
the New South Wales Coal Compensation Review Tribunal (the Tribunal),
and

(c) to make consequential amendments to other legislation, including
amendments to enact provisions of a savings and transitional nature.

The Bill provides for:

(a) the abolition of the current requirement that the Board must recommend the
acquisition by the Crown of coal that has been granted under the Coal
Ownership (Restitution) Act 1990, to take place on the date of assent to the
proposed Act, and

(b) the abolition of the Board (whose functions are to be transferred to the
Director-General of the Department of Primary Industries) and the Tribunal
(whose functions are to be transferred to the Land and Environment Court), to
take place on a day to be appointed by proclamation, and

(c) the repeal of the coal acquisition legislation once all claims and appeals under
that legislation have been finally disposed of, to take place on a later day to be
appointed by proclamation.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act (with specified
exceptions) on the date of assent to the proposed Act. The provisions of proposed
section 4 and proposed Schedule 2 are to commence on a day or days to be appointed
by proclamation.

Clause 3 is a formal provision that gives effect to the Schedules of amendments
(Schedules 1 and 2).

Clause 4 repeals the following Acts and instruments:

(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.

Clause 5 repeals the proposed Act on the day following the day on which all of its
provisions have commenced.

Schedule 1 Amendments relating to the acquisition
of coal otherwise than by revesting
Commencement of amendments
The amendments made by the proposed Schedule commence on the date of assent to
the proposed Act.

Amendment of Coal Acquisition Act 1981
Schedule 1.1 amends the Coal Acquisition Act 1981 (the 1981 Act) by omitting
section 5B (3) and (4). Section 5B makes it clear that coal that has been granted to an
eligible claimant under section 4 of the Coal Ownership (Restitution) Act 1990 (the
1990 Act) may be acquired by the Crown by contract or other arrangement. Section
5B (3) provides that coal may not be so acquired except on the recommendation of
the Board, and section 5B (4) provides that such a recommendation must be made in
accordance with the arrangements in force under section 6 of the 1981 Act. The
repeal of section 5B (3) and (4) will mean that future acquisitions of coal will not
require such a recommendation.

Amendment of Coal Acquisition (Re-acquisition Arrangements) Order
1997
Schedule 1.2 amends the Coal Acquisition (Re-acquisition Arrangements) Order
1997 (the 1997 Order) by omitting Part 4 (which deals with the recommendations
referred to above) as a consequence of the proposed repeal of section 5B (3) and (4)
of the 1981 Act.

Schedule 2 Amendments relating to the Coal
Compensation Board and Compensation
Review Tribunal
Commencement of amendments
The amendments made by the proposed Schedule commence on a day or days to be
appointed by proclamation.

Amendment of Coal Acquisition (Compensation) Arrangements 1985
Schedule 2.1 [1] amends the Coal Acquisition (Compensation) Arrangements 1985
(the 1985 Arrangements) by omitting clauses 4, 5, 6, 26, 26A and 26B as a
consequence of the proposed abolition of the Board and the Tribunal.

Schedule 2.1 [2] inserts proposed subclause (3B) into clause 29 of the 1985
Arrangements. The new subclause terminates the Tribunal’s power to determine an
appeal under those Arrangements by remitting the case to the Board.

Schedule 2.1 [3] omits Schedule 1 to the 1985 Arrangements as a consequence of the
proposed abolition of the Board and Tribunal.

Amendment of Freedom of Information Regulation 2005
Schedule 2.2 omits the matter relating to the Board from Schedule 3 to the Freedom
of Information Regulation 2005 as a consequence of the proposed abolition of the
Board.

Amendment of Mining Act 1992
Schedule 2.3 [1] amends clause 1 of Schedule 6 to the Mining Act 1992 so as to
enable the regulations under that Act to make provision of a savings or transitional
nature consequent on the enactment of the proposed Act.

Schedule 2.3 [2] inserts a new Part into Schedule 6 to the Mining Act 1992. The new
Part contains the following provisions:

(a) a definitions clause,

(b) a provision that formally abolishes the Board and the Tribunal,

(c) a provision that deems the assets of the Board to be assets of the Department
of Primary Industries (the Department),

(d) a provision that requires the Director-General of the Department to take over
the Board’s obligations with respect to the preparation of annual reports under
the 1985 Arrangements,

(e) a provision that requires the Director-General of the Department to take over
the Board’s obligations with respect to the handling of existing compensation
claims under the 1985 Arrangements,

(f) a provision that requires the Land and Environment Court to take over the
Tribunal’s obligations with respect to the handling of existing appeals under
the 1985 Arrangements,

(g) a provision that enables a person to appeal under the 1985 Arrangements to the
Land and Environment Court against decisions by the Board with respect to
past compensation claims and decisions by the Director-General of the
Department with respect to existing compensation claims,

(h) a provision that requires the Director-General of the Department to take over
the Board’s obligations with respect to the handling of existing compensation
claims under the 1997 Order,
        (i) a provision that requires the Land and Environment Court to take over the
Tribunal’s obligations with respect to the handling of existing appeals under
the 1997 Order,

(j) a provision that enables a person to appeal under the 1997 Order to the Land
and Environment Court against decisions by the Board with respect to past
compensation claims and decisions by the Director-General of the Department
with respect to existing compensation claims,

(k) a provision that requires the Director-General of the Department to take over
the Board’s obligations with respect to the handling of claims for the granting
of coal under the 1990 Act.

Amendment of Public Finance and Audit Act 1983
Schedule 2.4 omits the matter relating to the Board from Schedule 2 to the Public
Finance and Audit Act 1983 as a consequence of the proposed abolition of the Board.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

---

[Index] [Search] [Download] [Bill] [Help]