New South Wales Consolidated Acts

MINE SUBSIDENCE COMPENSATION ACT 1961 - SECT 15B

15B Certificates of compliance

(1) Any person may apply to the Board for a certificate under this section with respect to any improvement erected within a mine subsidence district or land within a subdivision within such a district.

(2) An application for a certificate under this section shall be made in writing, be accompanied by the prescribed fee and state the name and address of the applicant, and the particulars of the improvement or land in respect of which the certificate is required.

(3) Where the Board is satisfied that an improvement referred to in an application under this section was erected in accordance with the Board’s approval and that any alterations to any such improvement were so made, or that any subdivision containing any land referred to in such an application was made in accordance with the Board’s approval, or that any departure from any such approval is such that it need not be rectified, the Board shall, if the application was made in accordance with subsection (2), issue to the applicant a certificate under this section in respect of such improvement or land.

(3A) If the Board is satisfied that:

(a) an improvement or a subdivision of land referred to in an application under this section would have met the requirements of subsection (3) had the Board’s approval been obtained, and

(b) it is appropriate having regard to the circumstances of the case to do so,

the Board may issue a certificate under this section in respect of the improvement or land.

(4) The production of the certificate shall for all purposes be deemed conclusive evidence in favour of a person having an estate or interest in the land that the requirements of this Act relating to the improvement or the subdivision had been complied with up to the date of the certificate.

(5) If the Board refuses to issue a certificate under this section, it shall notify the applicant for the certificate of the refusal and the reasons therefor.