COAL ACQUISITION ACT 1981 - SECT 6 Arrangements by the Governor

COAL ACQUISITION ACT 1981 - SECT 6

6 Arrangements by the Governor

(1) The Governor may by order make arrangements--

(a) for the determination of the cases, if any, in which compensation is to be payable as a result of the operation of section 5 or 5A, and

(b) if there are any such cases--for the determination of the amount and method of payment of any such compensation.

(2) Except in the cases, if any, and to the extent, determined under subsection (1) (taking into account section 6A), compensation is not payable as a result of the operation of section 5 or 5A.

(3) Arrangements under this section may differentiate between the persons to whom compensation is payable as a result of the operation of section 5 or 5A by providing that specified persons, or persons of a specified class, are not entitled to be paid more than a specified sum or specified sums of money in respect of coal vested in the Crown, irrespective of the amount of coal that they owned immediately before the commencement of section 5 or the publication of the relevant proclamation under section 5A, as the case requires.

(4) Arrangements under this section may--

(a) authorise the person presiding over relevant proceedings to issue a summons to a person requiring the person to appear at the proceedings for the purpose of giving evidence, or of producing documents specified in the summons, relevant to the determination of the proceedings, or both, and

(b) provide for the taking in the proceedings of evidence on oath before the person presiding over the proceedings.

(5) Arrangements under this section may also provide for--

(a) the basis on which any recommendation referred to in section 5B (3) is to be made, and

(b) the determination of the amount, and method of payment, of any consideration payable in respect of coal acquired under section 5B.

(6) Arrangements under this section that, before the commencement of this subsection, were made otherwise than by order are taken always to have been made by order.

(7) The amount of compensation payable under arrangements under this section must be just and equitable in so far as the compensation--

(a) results from the operation of section 5A, or

(b) relates to a refusal by the Minister to grant coal to an eligible applicant, after the commencement of this subsection, under the Coal Ownership (Restitution) Act 1990 .

For the purposes of giving effect to paragraph (b) any existing determination of the compensation concerned is to be re-determined in accordance with this subsection.

(8) It is the duty of the Minister--

(a) to ensure that the arrangements are reviewed as soon as practicable after the commencement of this subsection, and thereafter from time to time, for the purpose of ascertaining whether or not the arrangements comply with subsection (7), and

(b) to ensure that amendments to the arrangements are promoted, from time to time as necessary, to bring the arrangements into conformity with subsection (7).