Full description
In 2016, following a review the former Mine Subsidence Compensation Act 1961 (Act No.22, 1961) by the NSW Department of Finance, Services and Innovation (DFSI), the Act was found to be outdated and no longer fit for purpose. It was decided that the Mine Subsidence Board (MSB) was to be repositioned as Subsidence Advisory NSW (SA NSW) within DFSI. (1)
On 1 January 2018, the Mine Subsidence Compensation Act 1961 (Act No.22, 1961) was repealed and the Coal Mine Subsidence Compensation Act 2017 (Act No. 37, 2017) commenced. (2) Following a 12 month transitional arrangement under the Coal Mine Subsidence Compensation Act 2017, Subsidence Advisory NSW remained governed and overseen by the Mine Subsidence Board until 31 December 2018. (3) The Mines Subsidence Board was then disbanded and Subsidence Advisory NSW then operated as an agency under this Act. (4)
Subsidence Advisory NSW administered the Act to support communities living in areas of NSW where there was the possibility of mine subsidence. (5) The new legislation made significant improvements to the way subsidence damage was compensated to make the process fairer, faster and more community responsive. The Act made mine operators directly accountable for subsidence damage caused by their mining operations. (6)
Subsidence Advisory NSW supported property owners in NSW living in areas where subsidence from underground historical and active coal mining may occur by:
• managing compensation claims for subsidence damage to improvements, such as houses;
• regulating development in mine subsidence districts to help reduce potential damage and;
• operating a 24-hour hotline to respond to reported subsidence emergencies, primarily in historical coal mining areas. (7)
When the Department of Finance, Services and Innovation was abolished on 1 July 2019, Subsidence Advisory NSW was transferred to the Better Regulation Division of the new Department of Customer Service. (8)
Endnote
1. Subsidence Advisory NSW website, About Us, https://www.nsw.gov.au/subsidence-advisory/about (accessed 19 April 2024); Coal Mine Subsidence Compensation Bill 2017, 2nd Reading Speech Legislative Assembly, p.3, 1 August 2017.
2. Coal Mine Subsidence Compensation Act 2017 (Act No.37, 2017); Commencement Proclamation (2017 No 685); NSW Legislation Website, 8 December 2017.
3. Mine Subsidence Board Annual Report 2017-18, Structure of the Board, p. 8, https://www.nsw.gov.au/sites/default/files/2020-02/dcs_subsidence_annual_report2017-18.pdf (accessed 19 April 2024).
4. Subsidence Advisory NSW webpage, About Us, https://www.nsw.gov.au/subsidence-advisory/about (accessed 19 April 2024).
5. Mine Subsidence Board Annual Report 2017-18, What We Do, p.7, https://www.nsw.gov.au/sites/default/files/2020-02/dcs_subsidence_annual_report2017-18.pdf (accessed 19 April 2024).
6. Mine Subsidence Board Annual Report 2017-18, Mine Subsidence Compensation System Reforms, p.11, https://www.nsw.gov.au/sites/default/files/2020-02/dcs_subsidence_annual_report2017-18.pdf (accessed 19 April 2024).
7. Department of Customer Service Annual Report 2022-23, What We Do, Better Regulation, p.42, https://www.nsw.gov.au/departments-and-agencies/customer-service/publications-and-reports/annual-reports#toc-latest-annual-report (accessed 19 April 2024).
8. Administrative Arrangements (Administrative Changes—Public Service Agencies) Order 2019 (2019 No 159), cl.7; NSW Legislation Website, 2 April 2019.
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