New South Wales Consolidated Regulations

COAL ACQUISITION (RE-ACQUISITION ARRANGEMENTS) ORDER 1997 - SCHEDULE 2

SCHEDULE 2 – Amendment of 1985 Arrangements

(Clause 27)

[1] Clause 3 Definitions

Omit the definition of "Coal Compensation Fund Account" from clause 3 (1).
Insert instead:

"Coal Compensation Board funds" means funds appropriated by Parliament from time to time for the purposes of the payment of compensation under these arrangements.

[2] Clause 3 (1)

Insert the following definition:

"1997 Compensation Arrangements" means the Coal Acquisition (Re-acquisition Arrangements) Order 1997 .

[3] Clause 6

Omit the clause. Insert instead:

6 Coal Compensation Board funds The Compensation Board is to submit estimates of the expenditure from the Coal Compensation Board funds at such times and in such form and detail as the Treasurer requires and is to comply with any direction issued by the Treasurer to the Board with respect to commitments and rates of expenditure against those funds.

[4] Clause 7 Annual report

Insert after clause 7 (3):

(4) A reference in this clause to the Board’s work and activities includes a reference to its work and activities under the 1997 Compensation Arrangements.

[5] Clause 8 Compensation not payable except in accordance with the provisions of this instrument

Insert at the end of clause 8:

(2) This clause does not limit the operation of the 1997 Compensation Arrangements.

(3) A claim cannot be made under this instrument if the loss is one in respect of which an application for compensation can be made under the 1997 Compensation Arrangements.

[6] Clause 14 Further information

Omit “funds for the time being credited to the Coal Compensation Fund Account maintained under clause 6” from clause 14 (3).
Insert instead “Coal Compensation Board funds”.

[7] Clause 15A Confidentiality

Insert “or the 1997 Compensation Arrangements” after “under this instrument”.

[8] Clause 16 Procedure of Compensation Board

Insert “under this instrument or an application under the 1997 Compensation Arrangements” after “claim”.

[9] Clause 16 (2)

Insert at the end of clause 16:

(2) Schedule 2 applies in respect of an application under the 1997 Compensation Arrangements as if a reference in that Schedule to “claim” and “claimant” were a reference to “application” and “applicant”.

[10] Clause 17A Interim payments of compensation

Omit “Coal Compensation Fund Account” from clause 17A (1).
Insert instead “Coal Compensation Board funds”.

[11] Clause 17B Effect of interim payments on compensation payable

Omit “Coal Compensation Fund Account” from clause 17B (3).
Insert instead “Coal Compensation Board funds”.

[12] Clause 25 Payment of compensation

Omit “funds for the time being credited to the Coal Compensation Fund Account” from clause 25 (2).
Insert instead “Coal Compensation Board funds”.

[13] Clause 28 Hearing of appeal by Tribunal

Omit “under clause 27”.

[14] Clause 29 Decisions of Tribunal

Omit “under clause 27” from clause 29 (1).
Insert instead “under this instrument or the 1997 Compensation Arrangements”.

[15] Clause 29 (2)

Omit “specified in clause 27 (3) (a)”.
Insert instead “that the Board has wrongly assessed the amount of compensation concerned”.

[16] Clause 29 (3)

Omit “specified in clause 27 (3) (b)”.
Insert instead “that the claimant was entitled to compensation or that the claim was wrongfully refused”.

[17] Clause 29 (4)

Omit “which was lodged on a ground specified in clause 27 (3) (a) or (b)”.

[18] Clause 29 (5)

Omit “under clause 27”.
Insert instead “under this instrument or the 1997 Compensation Arrangements”.