New South Wales Consolidated Acts

MINE SUBSIDENCE COMPENSATION ACT 1961 - SECT 14A

14A Recovery by Board in the case of unlawful mining operations

(1) In this section, "unlawful mining operations" means mining operations, in relation to coal or shale, carried out by a person in contravention of:

(a) Part 2 of the Mining Act 1992 , or

(b) any enactment, covenant or stipulation by which the person is bound relating to the method or extent of the extraction of coal or shale.

(2) Where improvements or household or other effects are damaged by subsidence caused by unlawful mining operations:

(a) any amount paid from the Fund to the owner of the improvements or household or other effects in respect of the damage under section 12 or in respect of the subsidence under section 12A (1) (b), or

(b) the cost of the execution of any work in respect of the damage under section 13 (1) (b),

may be recovered in any court of competent jurisdiction as a debt due to the Board from the person who carried out the unlawful mining operations.

(3) Any money recovered by the Board pursuant to subsection (2) shall be paid into the Fund.