Consideration in Detail
TEMPORARY SPEAKER (Mr Jason Li): By leave: I will deal with the bill in one group of clauses and schedules. The question is that clauses 1 to 2 and schedule 1 be agreed to.
Mrs JUDY HANNAN (Wollondilly) (15:51): By leave: I move my amendments Nos 1 to 24 on sheet c2024-118E in globo:
No. 1Rebuttable presumption
Page 3, Schedule 1. Insert after line 12—
[2A]Section 6A
Insert after section 6—
6APresumption that damage is caused by subsidence
A person making a claim for subsidence damage is entitled to a rebuttable presumption that the damage is subsidence damage.
No. 2Planned improvements
Page 3, Schedule 1[5], proposed section 7(2)(a), line 31. Insert "or planned" after "existing".
No. 3Planned improvements
Page 3, Schedule 1[5], proposed section 7(2)(a), line 32. Insert "that are required by the Chief Executive" after "goods,".
No. 4Liability for compensation
Page 3, Schedule 1[6], line 34. Omit all words on the line. Insert instead—
Omit section 8(1)(a). Insert instead—
(a)by the Chief Executive from the Fund—in relation to compensation arising from an active coal mine, and
No. 5Liability for compensation
Page 3, Schedule 1. Insert after line 34—
[6A]Section 8(4)
Insert after section 8(3)—
(4)For the avoidance of doubt, the Chief Executive may recover an amount paid to a person under subsection 8(1)(a) from the proprietor of an active coal mine as a debt due to the Crown if the payment was made to prevent, mitigate or repair subsidence damage caused by the active coal mine.
No. 6Limitation on claims
Page 4, Schedule 1[7], proposed section 9(1)(c), line 3. Insert "substantially" after "damage is".
No. 7Liability for compensation
Page 4, Schedule 1. Insert after line 4—
[7A]Section 9(1A)
Insert after section 9(1)—
(1A)The amount of compensation referred to in subsection (1) must be sufficient to replace the improvement with a similar improvement that performs the same functions as the original improvement.
No. 8Limitation on claims
Page 4, Schedule 1[9], lines 11 and 12. Omit all words on the lines. Insert instead—
Omit section 10(1).
No. 9Liability for compensation
Page 5, Schedule 1. Insert after line 24—
[16A]Section 13(2)
Omit section 13(2) and (3). Insert instead—
(2)A claim must be determined within the following periods—
(a)in relation to liability—within 3 months of the claim being lodged under section 11, or
(b)in relation to the amount of compensation payable—
(i)within 3 months of the claim being lodged under section 11, or
(ii)if the extent of the damage to improvements or goods is unable to be ascertained due to ongoing subsidence at the property—within 12 months of the claim being lodged under section 11.
(3)A failure to determine a claim within the period referred to in subsection (2)(a) is taken, for the purposes of this part, to be an acceptance of liability for the claim.
No. 10Approved procedures
Page 5, Schedule 1[17], proposed section 14(2), line 27. Omit "may". Insert instead "must".
No. 11Approved procedures
Page 5, Schedule 1[17], proposed section 14(2)(g), line 40. Omit all words on the line. Insert instead—
(g)the assessment of claims with regard to the presumption under section 6A,
(h)the timing for the assessment of claims with regard to section 13,
(i)another matter prescribed by the regulations.
No. 12Review of claims
Page 6, Schedule 1. Insert after line 3—
[19A]Section 15(2)
Omit "3 months". Insert instead "6 months".
No. 13Review of claims
Page 6, Schedule 1. Insert after line 3—
[19B]Section 15(5A)
Insert after section 15(5)—
(5A)If a claim made by a claimant is allowed as a result of a review under this section, the claimant may recover the costs associated with the review from the Chief Executive.
No. 14Appeals to the Land and Environment court
Page 6, Schedule 1. Insert after line 7—
[21A]Section 16(4)
Insert after section 16(3)—
(4)For the avoidance of doubt—
(a)the proprietor of an active coal mine is not a party to proceedings initiated under this section by a person claiming compensation under this Act, and
(b)a person claiming compensation under this Act is not a party to proceedings initiated under this section by the proprietor of an active coal mine.
No. 15Approvals for development within mine subsidence districts
Page 6, Schedule 1. Insert after line 27—
[29A]Section 22(10)
Insert after section 22(9)—
(10)The costs, if any, that an applicant incurs as a result of complying with a condition of an approval given under this section must be paid by the proprietor of an active coal mine if the Chief Executive imposed the condition because the active coal mine may cause subsidence damage to the proposed improvements.
No. 16Review by Secretary of certain temporary action directions
Page 9, Schedule 1. Insert after line 30—
[42A]Section 28 Review by Secretary of certain temporary action directions
Omit "Executive." from section 28(3)(b). Insert instead—
Executive,
(c)if the direction involves the carrying out of works on land—the owner of the land.
No. 17Pre-mining inspections
Page 10, Schedule 1[45], proposed section 31A. Insert after line 21—
(5)If a report is produced as a result of a pre-mining inspection, the Chief Executive must not provide the report to the proprietor of an active coal mine without—
(a)the consent of the landowner, or
(b)an order of a court requiring the Chief Executive to provide a copy of the report to the proprietor.
No. 18Requests for information
Page 10, Schedule 1[45], proposed section 31B(1), line 23. Omit "person". Insert instead "proprietor of an active coal mine".
No. 19Requests for information
Page 10, Schedule 1[45], proposed section 31B(1), line 24. Omit "person". Insert instead "proprietor".
No. 20Requests for information
Page 10, Schedule 1[45], proposed section 31B(4), line 33. Omit "person". Insert instead "proprietor of an active coal mine".
No. 21Requests for information
Page 10, Schedule 1[45], proposed section 31B, insert after line 36—
(4A)In this section—
proprietor of an active coal mine includes a former proprietor of an active coal mine.
No. 22Inspections
Page 11, Schedule 1[49], lines 5 and 6. Omit all words on the lines. Insert instead—
Omit the section.
No. 23Regulations
Page 11, Schedule 1. Insert after line 6—
[49A]Section 43 Power to enter premises without consent
Insert after section 43(3)—
(4)In this section—
premises means an active coal mine or any premises associated with the management of an active coal mine.
No. 24Regulations
Page 11, Schedule 1. Insert after line 12—
[52A]Section 51 Regulations
Insert after section 51(1)—
(1A)Before the Minister recommends to the Governor that a regulation be made, the Minister must—
(a)give a draft of the regulation to all landowners who will be subject to the operation of the regulation, if any, and
(b)give the landowners at least 30 days to make submissions to the Chief Executive.
To save the time of the House, I am happy for the question to be put without any further comment. My contribution to the second reading debate covered the reasons for these amendments.
Mr ANOULACK CHANTHIVONG (Macquarie Fields—Minister for Better Regulation and Fair Trading, Minister for Industry and Trade, Minister for Innovation, Science and Technology, Minister for Building, and Minister for Corrections) (15:52): I thank the member for Wollondilly for her amendments and acknowledge her response to the feedback from the community she represents. I want to stress that this bill was strongly guided and influenced by the submissions received from residents of areas impacted by coalmine subsidence. It is the position of the Government that the amendments proposed do not uphold the objectives and the intentions of the Act and, therefore, the Government is not able to support the amendments.
Mr TIM JAMES (Willoughby) (15:53): I will make a brief contribution to the debate on the amendments for the record. The Opposition, for the reasons outlined by my friend opposite, does not support the amendments.
TEMPORARY SPEAKER (Mr Jason Li): The question is that amendments Nos 1 to 24 on sheet c2024‑118E be agreed to.
Amendments negatived.
TEMPORARY SPEAKER (Mr Jason Li): The question is that clauses 1 to 2 and schedule 1 be agreed to.
Clauses 1 to 2 and schedule 1 agreed to.
Third Reading
Mr ANOULACK CHANTHIVONG: I move:
That this bill be now read a third time.
Motion agreed to.
