New South Wales Consolidated Regulations

COAL ACQUISITION (COMPENSATION) ARRANGEMENTS 1985 - REG 9A

9A Compensation payable for claims in respect of coal not within colliery holding

(1) This clause applies to a person:

(a) in whom saleable coal not within a colliery holding was vested immediately before the commencement of section 5 of the Coal Acquisition Act 1981 , and

(b) who made, or purported to make, a claim under clause 12 before 7 July 1994 for compensation as a result of the operation of section 5 of the Coal Acquisition Act 1981 in relation to some or all of that coal.

(2) Compensation (together with interest calculated in accordance with clause 24) is payable to a person to whom this clause applies as a result of the operation of section 5 of the Coal Acquisition Act 1981 in relation to saleable coal that is the subject of the claim referred to in subclause (1).

(3) The amount of compensation payable is as follows:

(a) in a case where a determination was made by the Compensation Board after the commencement of section 5 of the Coal Acquisition Act 1981 (but before the commencement of this clause) for the payment of compensation for the operation of that section in relation to some or all of the coal concerned:

(i) except as provided by subparagraph (ii)-the amount that was determined by the Compensation Board, or

(ii) if that determination was or is subsequently varied on appeal or is required to be reduced under another provision of this instrument-the amount provided for in the determination as so varied or reduced,

(b) in a case where the claim for that compensation has not been determined by the Board before the commencement of this clause-an amount determined in accordance with clause 22 (1A).

(4) If a person has been paid an amount of compensation (whether as an interim or final payment) or interest by the Compensation Board before the commencement of this clause in respect of a claim referred to in subclause (1) and that amount is equal to or greater than the amount of compensation or interest payable in accordance with this clause, the person is not entitled to any further payment of compensation or interest.

(5) Subclause (4) does not affect the operation of clause 17B.

(6) This clause does not affect the operation of the provisions of the 1997 Compensation Arrangements.