New South Wales Consolidated Acts

MINE SUBSIDENCE COMPENSATION ACT 1961 - SECT 12A

12A Claims arising out of actions to prevent or mitigate damage

(1) Subject to this section, claims may be made under this Act for payment from the Fund of:

(a) compensation for damage incurred as a result of the exercise by the Board of its powers under section 13A, and

(b) an amount to meet the proper and necessary expense incurred or proposed by or on behalf of the owner of improvements or household or other effects in preventing or mitigating damage to those improvements or household or other effects that, in the opinion of the Board, the owner could reasonably have anticipated would otherwise have arisen, or could reasonably anticipate would otherwise arise, from a subsidence that has taken place, other than a subsidence due to operations carried on by the owner.

(2) A claim under subsection (1):

(a) shall be made, in the case of a claim for compensation under subsection (1) (a), within three months after the day on which the extent of the damage to which the claim relates became apparent to the claimant or, where some other time within which such a claim may be made is prescribed by the regulations, within the time so prescribed,

(b) shall be made, in the case of a claim for payment of an amount under subsection (1) (b), within three months after the day on which the expense to which the claim relates became known to the claimant or, where some other time within which such a claim may be made is prescribed by the regulations, within the time so prescribed,

(c) shall specify the location of the land or improvements, or the description of the household or other effects, to which the claim relates, the amount claimed, the nature and extent of the damage or, as the case may be, the matters in respect of which the expense was, or is to be, incurred, and

(d) shall contain such other particulars as may be prescribed.

(3) The provisions of section 12 (2) (b) and (5) shall, mutatis mutandis, apply to and in respect of claims and payments under this section in the same manner as they apply to and in respect of notifications and payments under section 12.