New South Wales Consolidated Regulations

COAL ACQUISITION (COMPENSATION) ARRANGEMENTS 1985 - REG 22

22 Determination of claims made under clause 12

(1) Where, in the case of a claim made under clause 12, the Compensation Board is satisfied that:

(a) the claimant is an eligible person to whom that clause applies and has sustained pecuniary loss which is directly attributable to the discharge of any trust, lease, licence, obligation, estate, interest or contract by virtue of the operation of section 5 of the Coal Acquisition Act 1981 , and

(b) having regard to all the circumstances of the case, it would be just and equitable for the claimant to be paid compensation in respect of that loss,

the Board may determine an amount of compensation to be paid to the claimant, not exceeding the amount of that loss.

(1A) Where, in the case of a claim referred to in clause 9A (1) (b) that has not been determined before the commencement of this subclause, the Compensation Board is satisfied that:

(a) the claimant is a person to whom clause 9A applies and has sustained pecuniary loss which is directly attributable to the vesting of coal in the Crown by virtue of the operation of section 5 of the Coal Acquisition Act 1981 , and

(b) having regard to all the circumstances of the case, it would be just and equitable for the claimant to be paid compensation in respect of that loss,

the Board may determine an amount of compensation to be paid to the claimant, not exceeding the amount of that loss.

(2) This clause is subject to clause 22AA.