New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Act, unless the context or subject matter otherwise indicates or
requires:
"Board" means the Mine Subsidence Board constituted under this Act.
"Colliery holding" means a colliery holding registered in accordance with
section 163 of the Mining Act 1992 .
"Fund" means Mine Subsidence Compensation Fund.
"Household or other effects" means any chattels (for example, carpets,
curtains, furniture, electrical appliances, musical instruments, computers or
power tools) whether or not in or used in a house, but does not include motor
vehicles, boats or aircraft or any other prescribed thing.
"Improvement" includes any building or work erected or constructed on land;
any formed road, street, path, walk or drive-way; any pipeline, water, sewer,
telephone, gas or other service main, whether above or below the surface of
the land.
"Proprietor", when used in relation to any colliery holding means any person
or body corporate who is the immediate owner, or lessee, or occupier of any
colliery holding, or of any part thereof, and does not include a person or
body corporate who merely receives a royalty, rent or fine from a colliery
holding, or is merely the proprietor of a colliery holding, subject to any
lease, grant, or licence for the working thereof, or is merely the owner of
the soil, and not interested in the minerals of the colliery holding; but any
contractor for the working of any colliery holding, or any part thereof, shall
be subject to this Act in like manner as if he or she were a proprietor.
"Regulations" means regulations made under this Act.
"Shale" means oil shale.
"Subdivide" and
"subdivision" mean and refer to the dividing of land into parts, whether the
dividing is:
(a) by sale, conveyance, transfer or partition,
(b) by any agreement, dealing or instrument inter vivos (other than a lease for a period not exceeding five years without option of renewal) rendering different parts thereof immediately available for separate occupation or disposition, or
(c) by procuring the issue of a certificate of title under the Real Property Act 1900 in respect of a part of the land,but those expressions do not include any severance of land by the opening of a public road.
(a) the extraction of coal or shale, or
(b) the prospecting for coal or shale carried out within a colliery holding by the proprietor of the holding,and includes all vibrations or other movements of the ground related to any such extraction or prospecting (whether or not the movements result in actual subsidence), but does not include vibrations or other movements of the ground that are due to blasting operations in an open cut mine and that do not result in actual subsidence.