New South Wales Consolidated Acts

COAL OWNERSHIP (RESTITUTION) ACT 1990 - SECT 5

5 Eligible claimant may apply for restitution of ownership of coal to which this Act applies

(1) If coal to which this Act applies was, immediately before 1 January 1982, owned by an eligible claimant or a person through whom the claimant claims, the claimant may make an application to the Compensation Board requesting the Board to make a recommendation to the Minister that the ownership of the coal be restored to the claimant.

(2) An application under this section must:

(a) be made in the manner and within the period prescribed by the regulations, and

(b) contain the information so prescribed, and

(c) be accompanied by any documents of a kind so prescribed.

(3) As soon as practicable after such an application is received by the Compensation Board, the Board must inquire into the application and make a report of its findings to the Minister, together with a recommendation as to whether or not the application should be granted.

(4) If:

(a) 2 or more eligible claimants have received or would, but for this Act, be entitled to receive compensation under the Compensation Arrangements for or in respect of the same coal, and

(b) any of those claimants has made an application under this section,

the Compensation Board may reject the application.