New South Wales Consolidated Acts

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COAL OWNERSHIP (RESTITUTION) ACT 1990 - SECT 3

Definitions

3 Definitions

In this Act:
"coal" has the same meaning as in the Coal Acquisition Act 1981 .
"coal to which this Act applies" means coal that:

(a) was vested in the Crown by the operation of section 5 of the Coal Acquisition Act 1981 , and
(b) on 1 January 1986, was located in land outside a colliery holding.
"colliery holding" has the same meaning as in the Mining Act 1992 .
"Compensation Arrangements" means the Coal Acquisition (Compensation) Arrangements 1985 .
"Compensation Board" means the New South Wales Coal Compensation Board established under the Compensation Arrangements.
"eligible claimant" means a person who has made a claim for compensation in accordance with the Compensation Arrangements and whose claim has been allowed by the Compensation Board, either before or after the commencement of this section, or:
(a) if such a person has died-means the person’s legal personal representative, or
(b) if such a person is a protected person within the meaning of the NSW Trustee and Guardian Act 2009 -means the manager of the person’s estate under that Act, or
(c) if such a person is an insolvent under administration-means the trustee in bankruptcy of the person’s estate, or
(d) if such a person is a minor-means the minor’s next friend, or
(e) if such a person was a body corporate, whether a company or not, which has been dissolved and the property of that body is, by law, vested in a specified person-means that specified person.
"insolvent under administration" means a person who:
(a) under the Bankruptcy Act 1966 of the Commonwealth or the law of an external Territory of the Commonwealth, is a bankrupt in respect of a bankruptcy from which the person has not been discharged, or
(b) under the law of a country other than Australia or the law of an external Territory of the Commonwealth, has the status of an undischarged bankrupt,
and includes:
(c) a person who has executed a deed of arrangement under Part X of the Bankruptcy Act 1966 of the Commonwealth, or under the corresponding provisions of the law of an external Territory of the Commonwealth or of the law of a country other than Australia, where the terms of the deed have not been fully complied with, and
(d) a person whose creditors have accepted a composition under Part X of the Bankruptcy Act 1966 of the Commonwealth, or under the corresponding provisions of the law of an external Territory of the Commonwealth or of the law of a country other than Australia, where a final payment has not been made under that composition.



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