New South Wales Bills Explanatory Notes

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COAL OWNERSHIP (RESTITUTION) BILL 1990

Act No. 19 of 1990

COAL OWNERSHIP (RESTITUTION) BILL 1990

NEW SOUTH WALES
EXPLANATORY NOTE

(This Explanatory Note relates to this Bill as introduced into Parliament)

The Coal Acquisition (Amendment) Bill 1990 is cognate with this Bill.

The object of this Bill is to provide for the restitution of part of the coal that was
acquired by the Crown as a result of the operation of the Coal Acquisition Act 1981.

Persons whose claims for compensation under the Coal Acquisition (Compensation)
Arrangements 1985 have been allowed by the New South Wales Coal Compensation
Board will be able to make applications for the restitution of coal provided the coal
was outside a colliery holding on 1 January 1986. ("Colliery holding" has the same
meaning as it has in the Coal Mining Act 1973.) However, a person whose
application for the restitution of coal is successful will be required to refund any
compensation that the person has received in respect of that coal under the
Arrangements referred to above.

Clause 1 specifies the short title of the proposed Act.

Clause 2 provides for the proposed Act to commence on a day or days to be
appointed by proclamation.

Clause 3 defines certain expressions used in the proposed Act. Among the
expressions defined are "coal to which this Act applies" (meaning coal acquired by
the Crown under the Coal Acquisition Act 1981 and not within a colliery holding on
1 January 1986), "colliery holding", "Compensation Arrangements'' (meaning the
Coal Acquisition (Compensation) Arrangements 1985), "Compensation Board"
(meaning the New South Wales Coal Compensation Board) and "eligible claimant".

Clause 4 confers power on the Minister to grant to eligible claimants in
accordance with the proposed Act coal to which that Act applies. However, the
power is exercisable only on the recommendation of the Compensation Board. A
successful claimant will receive a fee simple estate in the coal.


Act No. 19 of 1990

Coal Ownership (Restitution) 1990
Clause 5 will enable an eligible claimant to make an application to the
Compensation Board for a recommendation to the Minister that the Minister grant
coal. to the claimant (being coal that was owned by the claimant, or a person through
whom the claimant claims, immediately before 1 January 1982 (when the Coal
Acquisition Act 1981 took effect)). The clause also deals with the procedure for
making such an application and permits the rejection of an application made in
respect of coal that has been the subject of 2 or more compensation claims which
have been allowed by the Compensation Board under the Compensation
Arrangements.

Clause 6 provides that, where an application under the proposed Act for the grant
of coal is successful, the successful applicant will be required to refund any
compensation previously received under the Compensation Arrangements in respect
the coal.

Clause 7 provides that a decision as to whether coal should be granted under the
proposed Act is to be in the absolute discretion of the Minister and that a decision
of the Minister, or a recommendation of the Compensation Board, under the
proposed Act is not to be questioned in any court other than on procedural grounds.

Clause 8 will empower the Minister to delegate the Minister's functions under the
proposed Act.

Clause 9 will empower the Governor-in-Council to make regulations for the
purposes of the proposed Act.

Clause 10 amends Schedule 2 to the Real Property Act 1900. The amendment will
facilitate the issue of certificates of title under that Act to persons who are granted
coal under the proposed Act.

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