Mrs JUDY HANNAN (Wollondilly) (12:10): My question is directed to the Minister for Better Regulation and Fair Trading. My community is excited for the new mine subsidence compensation system. Will the Minister outline how the consultation is progressing and the next stage of the new, fairer system?
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) (12:10): I thank the member for Wollondilly for her question and for her continued advocacy for her community. She is the best member for Wollondilly this Parliament has ever had.
The SPEAKER: That is not a controversial comment. Members will come to order.
Mr ANOULACK CHANTHIVONG: I am pleased to inform the House that the Government has spent the past five weeks consulting on the new draft approved procedures for coalmine subsidence compensation claims. The public consultation process was extended due to the member's request on behalf of her community. This consultation shows that the Minns Labor Government is listening and ensuring that people's voices are heard. It should be noted that in August the Government passed the Coal Mine Subsidence Compensation Amendment Bill 2024, to implement the recommendations from a statutory review carried out in 2021.
The Government amended the Act to require public consultation on the approved procedures. We got straight to work after the passing of the legislation, and consultation started on 19 September. Prior to this amendment, Subsidence Advisory NSW was required only to consult with mining operators about changes to the approved procedures. It cannot be understated how important this change is for residents of Wollondilly, Wallsend, Newcastle and all other areas affected by coalmine subsidence. The Government's comprehensive reforms to the coalmine subsidence compensation process gets right the balance between residents and mining proprietors.
These reforms include extending relocation compensation to affected residents; increasing powers for the Subsidence Advisory to provide support in mine subsidence events by arranging accommodation and reimbursing out-of-pocket expenses such as food and clothing if people have to relocate because of emergencies; allowing claims to be lodged outside of the online portal; giving powers to the Subsidence Advisory to direct pre-mining inspections; requiring information and documents from mining proprietors; clarifying that the Subsidence Advisory is responsible for assessing claims for compensation; expanding the scope of the approved procedures to outline the steps that occur before, during and after the determination of claims; and increasing penalties to ensure that they are in line with inflation.
In short, the Minns Labor Government has acted to ensure that the compensation process for coalmine subsidence is robust and fair. I am pleased to advise that the Government is getting on with the job of implementing the changes to the coalmine subsidence compensation system. The public consultation ending tonight seeks feedback on draft approval procedures that will work to provide more clarity and certainty to the mining subsidence compensation claims process. Previously, there had been a significant amount of uncertainty regarding who was responsible for the determination of claims. [Extension of time]
The approved procedures on public exhibition clarify that Subsidence Advisory NSW is responsible for determining claims, making it clear that the Government, not mining operators, is in control of the compensation process. In 2017 the Act introduced a no-cost review, allowing residents to appeal decisions to the Secretary of the Department of Customer Service. This was the only available mechanism for people who wanted to challenge the outcome of their claims prior to appealing to the Land and Environment Court. Through the survey, we are currently receiving feedback on a second no-cost review mechanism. These measures will give residents multiple no-cost opportunities to ensure that they are receiving adequate compensation for damage to their property from coalmine subsidence, while working to reduce the burden on the Land and Environment Court.
I sincerely thank the member for Wollondilly for her important question and continued advocacy on behalf of her community. I look forward to working with the member to ensure that the coalmining subsidence compensation system continues to deliver for the community.
