New South Wales Consolidated Acts

MINE SUBSIDENCE COMPENSATION ACT 1961 - SECT 15

15 Mine subsidence districts

(1) The Governor may by proclamation published in the Gazette proclaim any area to be a mine subsidence district.

(1A) The Governor may revoke or alter a proclamation under subsection (1) by a further proclamation published in the Gazette.

(2A) An application for approval under this section to alter or erect improvements within a mine subsidence district or to subdivide land therein shall be made in a form approved by the Board.

(2B) The Board may require any applicant for approval under this section to furnish such particulars as it may specify in notice sent to the applicant.

(3) The Board may grant its approval either subject to conditions or unconditionally or may refuse its approval.
Such conditions may include conditions relating to the class or nature of improvements, the height, weight, type of material, number of storeys and method of construction of any improvements within the district. Such conditions may vary according to the location, class or nature of such improvements.

(3A) Any approval given under the foregoing provisions of this section shall be void if the erection, alteration or subdivision to which it refers is not commenced within 2 years after the date of the approval:
Provided that the Board may if good cause be shown grant an extension or renewal of such approval.

(3AA) For the purposes of subsection (3A), the alteration or erection of improvements on land or the subdivision (involving physical work) of land is commenced when building, engineering or construction work relating to that alteration, erection or subdivision is physically commenced on the land.

(3B) Without limiting the generality of subsection (3), the Board may refuse to approve an application or grant its approval subject to conditions where the application relates to:

(a) the alteration or erection of improvements over land, or

(b) the subdivision of land,

being land which, in the opinion of the Board, may subside if the coal and shale in the land were extracted by underground methods.

(4) Nothing in this section shall affect the provisions of the Environmental Planning and Assessment Act 1979 relating to the subdivision of land.

(5) Where any improvement has been erected or altered or subdivision has been made in contravention of this section:

(a) such contravention shall not invalidate any instrument intended to affect or evidence the title to any land, but a purchaser may cancel any contract for sale and recover any deposit or instalment of purchase money paid together with reasonable costs and expenses where such contravention relates to the land purchased,

(b) no claim shall be entertained or payment made under this Act in respect of damage caused by subsidence to any such improvement or to any improvement upon land within any such subdivision, unless a certificate is issued under section 15B (3A) in respect of the improvement or land.

(6) Where the approval of any person under the Environmental Planning and Assessment Act 1979 is required for the erection or alteration of an improvement within a mine subsidence district or for the subdivision of any land therein, the Board may refuse an application for its approval to such erection, alteration or subdivision if the applicant for the approval has not produced to the Board the approval of that person to the erection, alteration or subdivision.

(7) A person contravenes this subsection if the person does, or causes to be done, any work in connection with the erection or alteration of any improvement within a mine subsidence district without the approval of the Board or not in conformity with such an approval.

Maximum penalty: 20 penalty units.

(8) A person contravenes this subsection if the person subdivides any land within a mine subsidence district, or causes any such land to be subdivided, without the approval of the Board or not in conformity with such an approval.

Maximum penalty: 20 penalty units.

(8A) A person does not commit an offence against this section for anything done within a mine subsidence district that is excluded from the operation of this section by the regulations.

(9) Proceedings for an offence under this section shall not be commenced except with the consent of the Board.
A certificate purporting to be signed by the chairperson of the Board and certifying that the Board has given its consent to the commencement of any such proceedings referred to in the certificate shall be evidence that the Board has so consented.

(10) Proceedings for an offence under this section may be commenced at any time within 12 months after the offence was committed.