New South Wales Consolidated Regulations

COAL ACQUISITION (RE-ACQUISITION ARRANGEMENTS) ORDER 1997 - REG 19

19 Interim payments of compensation

(1) At any time before an application for compensation under this Order is determined, the Board may, with the consent of the applicant, make one or more interim payments of compensation to the applicant.

(2) An interim payment of compensation is not to be made unless the payment is authorised by the Minister.

(3) The making of an interim payment of compensation is at the absolute discretion of the Board and the Board cannot be required to disclose the basis on which the interim payment is made or calculated.

(4) A person is not entitled to receive compensation under this Order by reason only that the person has received an interim payment of compensation and the making of an interim payment does not prevent the Board from refusing the application concerned.

(5) No appeal lies in respect of the making of or the refusal to make an interim payment of compensation.

(6) The Board is entitled to recover in a court of competent jurisdiction as a debt due to the Board any amount by which the total of interim payments of compensation to a person in respect of coal and any preliminary payment of compensation to the person under this Order in respect of the coal exceed the amount of compensation (if any) determined under this Order in respect of the coal. However, only interim payments of compensation are recoverable under this subclause and the Board cannot under this subclause recover a preliminary payment of compensation.

(7) Interim payments of compensation are to be made from Coal Compensation Board funds.