AGY-2224 | Mine Subsidence Board

Full description

The Mine Subsidence Board was established on 1 March 1929 (1) to administer the provisions of the Mine Subsidence Act, 1928. The Act provided for the constitution of a Mine Subsidence Insurance Fund to provide compensation for damage to improvements at surface level caused by subsidence from coal and shale mining operations. (2) The Board had the power to establish mine subsidence insurance districts for the purposes of the Act (3), and to restrict the quantity, method, or location of mining operations in the national interest. (4)

The Board was composed of the Under Secretary of the Department of Mines (acting as Chairman), the Chief Inspector of Coal Mines, the General Manager of the Government Insurance Office of NSW, and two other members, one to represent mine owners, and one to represent owners of improvements on land affected or likely to be affected by subsidence. (5)

In 1961 the Mine Subsidence Act 1928 was repealed and replaced by the Mine Subsidence Compensation Act 1961, proclaimed on 1 July 1961. (6) The Mine Subsidence Board was re-constituted to consist of the Under Secretary of the Dept of Mines (as Chairman), the Chief Inspector of Coal Mines, a representative of proprietors of colliery holdings, a representative of local government, and a person nominated by the Minister. (7) The Board’s principal responsibilities under the provisions of the Act were the management of the Mine Subsidence Compensation Fund (8), payments of compensation for damages to improvements on land caused by mine subsidence following the extraction of coal or shale (9), and the control of development within mine subsidence districts, where all subdivisions of land and surface improvements require the Board’s approval. (10)

The Board also provided expert advice and conducted safety programs concerning subsidence dangers and emergencies. Head Office of the Board was located in Newcastle, with regional offices located in Picton, Singleton, Speers Point, and Wyong. (11)

The Coal Mine Subsidence Compensation Amendment Act 2014 (Act No.55, 2014) provided that the Board could expend money for the funding of works to prevent or mitigate damage to improvements or household or other effects that the Board anticipated would occur (in the absence of the works) by reason of subsidence if the Board was satisfied that the expenditure would result in a net benefit to the Fund. Those works were known as authorised works. (12)

The Mine Subsidence Compensation Act 1961 was abolished on 1 January 2018 by the Coal Mine Subsidence Act 2017 with the Mine Subsidence Board abolished after a transitional year on 31 December 2018. (13) Responsibility for mine subsidence compensation matters was transferred to the Chief Executive of Subsidence Advisory NSW. (14)

Endnotes
1. NSW Government Gazette, 1 March 1929, p.1074.
2. Mine Subsidence Act 1928, Act No 53, 1928, s.15.
3. ibid, s.3.
4. ibid, s.17.
5. ibid, s.7.
6. NSW Government Gazette, 30 June 1961, p.1953.
7. Mine Subsidence Compensation Act 1961, Act No 22, 1961, s.5.
8. ibid, s.10(4).
9. ibid, s.12.
10. ibid, s.15(2).
11. NSW Government Directory 1999, Government Information Service, p.239.
12. Mine Subsidence Compensation Amendment Act 2014 (Act No.55, 2014) Sch.1 cl [8] amending the Principal Act, s.13A (1).
13. Coal Mine Subsidence Act 2017 (Act No.37, 2017) s.60, Sch. 1 ; NSW Legislation Website (2017 No 685), 8 December 2017; Subsidence Advisory NSW, Annual Report, 2017-2018, p.11.
14. Coal Mine Subsidence Act 2017, s.4.