New South Wales Consolidated Acts

MINE SUBSIDENCE COMPENSATION ACT 1961 - SECT 13

13 Purchase of damaged improvements and effecting of remedial works by the Board

(1) The Board may, in lieu of making payments in respect of claims under section 12 or 12A (1) (a):

(a) agree with the owner of the land or improvements to which the claim relates for the purchase of the land, or the improvements and the land on which the improvements are erected, or any estate or interest therein, at a price not greater than an amount determined, as at a date not more than one month before the date of the agreement, as being the value of the land, or the improvements and the land, or the estate or interest therein, as the case may require, by a valuer with the prescribed qualifications who shall be appointed by the Board to make the valuation (which appointment the Board is hereby authorised to make), without regard to any damage caused by subsidence or by works to prevent or mitigate any such damage,

(b) execute or cause to be executed such works as may be necessary to restore the damaged land or improvements to a condition as nearly as practicable equivalent to that in which such land or improvements were before the damage to such land or improvements arose.

(1A) If no agreement has been entered into under subsection (1) (a) within such time as the Board considers reasonable after the claim is made under section 12 or 12A (1) (a), the Board may acquire the land (or the land and improvements or the estate or interest) by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 .

(1AB) For the purposes of the Public Works Act 1912 , any such acquisition is taken to be for an authorised work and the Board is taken to be the Constructing Authority.

(1AC) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply in respect of works constructed under this section.

(1B) The Board may sell, lease or otherwise dispose of any property acquired by it under subsection (1) or (1A).

(1C) The Board may, in connection with any purchase under subsection (1), agree to increase the purchase price determined under that subsection by the amount of the reasonable incidental expenses incurred by the owner in connection with, or resulting from, the sale of the property concerned to the Board.

(2)

(a) Where in the opinion of the Board damage to the surface of any land caused by subsidence is such as to cause a public or private danger the Board may fill in or fence or cause to be filled in or fenced such land or any part thereof in order to eliminate or alleviate such danger. Any dispute as to the existence of any public or private danger under this paragraph shall be decided by the Minister whose decision shall be final.

(b) Where in the opinion of the Board:

(i) damage to improvements or household or other effects has been caused by subsidence, and

(ii) further subsidence is likely to occur,

the Board may effect or have effected temporary repairs and may defer payments in respect of claims for damage to such improvements or household or other effects until it is satisfied that such subsidence has settled or is unlikely to recur within a reasonable period.