{"id":"nsw:act-1981-109","name":"Coal Acquisition Act 1981","slug":"coal-acquisition-act-1981","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"109 of 1981","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":108063,"registerId":"nsw-act-1981-109-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Coal Acquisition Act 1981](/view/html/inforce/current/act-1981-109).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This section and section 1 shall commence on the date of assent to this Act.\n> \n> > (2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> appointed day means the day appointed and notified under section 2 (2).\n> \n> coal means coal within the meaning of the [Mining Act 1992](/view/html/inforce/current/act-1992-029) that is in a natural state on or below the surface of any land to which the legislative power of the State extends.\n> \n> Coal Compensation Board means the New South Wales Coal Compensation Board established under the [Coal Acquisition (Compensation) Arrangements 1985](/view/html/inforce/current/sl-1985-0236).\n> \n> relevant proceedings means proceedings held in accordance with arrangements made under section 6 for the purpose of determining a case to which subsection (1) of that section applies, and includes the hearing of an appeal from original proceedings held for that purpose.\n> \n> **s 3:** Am 1990 No 20, Sch 1 (1); 1992 No 29, Sch 5; 2005 No 24, Sch 1 \\[1\\].","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Effect of other Acts etc","content":"#### 4 Effect of other Acts etc\n\n4 Effect of other Acts etc\n\n> This Act has effect notwithstanding—\n> \n> > (a) any other Act or law,\n> \n> > (b) anything in any grant, lease, licence or other instrument of title or tenure, or\n> \n> > (c) anything in any other instrument or document in force, issued or executed before, on or after the appointed day.\n> \n> **s 4:** Am 2021 No 10, Sch 3.3.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Vesting of coal in the Crown","content":"#### 5 Vesting of coal in the Crown\n\n5 Vesting of coal in the Crown\n\n> > (1) All coal that, but for this Act, would be vested in—\n> > \n> > > (a) an instrumentality or agency of the Crown, or\n> > \n> > > (b) any person other than the Crown,\n> > \n> > is vested in the Crown freed and discharged from all trusts, leases, licences, obligations, estates, interests and contracts.\n> \n> > (2) This section does not apply to coal granted under the [Coal Ownership (Restitution) Act 1990](/view/html/inforce/current/act-1990-019).\n> \n> > (3) The reference in subsection (1) to leases does not include, and is to be taken never to have included, a reference to coal leases within the meaning of the [Coal Mining Act 1973](/view/pdf/asmade/act-1973-81).\n> \n> > (4) The provisions of this section have effect despite anything contained in section 42 of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025).\n> \n> **s 5:** Am 1990 No 20, Sch 1 (2); 2009 No 17, Sch 3.2.","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":null,"content":"#### 5A\n\n5A (Repealed)","sortOrder":5},{"sectionNumber":"5B","sectionType":"section","heading":"Acquisition of coal on behalf of the Crown otherwise than by revesting","content":"#### 5B Acquisition of coal on behalf of the Crown otherwise than by revesting\n\n5B Acquisition of coal on behalf of the Crown otherwise than by revesting\n\n> > (1) This section applies to coal granted under the [Coal Ownership (Restitution) Act 1990](/view/html/inforce/current/act-1990-019), whether granted before or after the commencement of this section.\n> \n> > (2) The Minister may, on behalf of the Crown, acquire coal to which this section applies, whether by contract or other arrangement.\n> \n> > (3), (4) (Repealed)\n> \n> **s 5B:** Ins 1997 No 22, Sch 1 \\[2\\]. Am 2005 No 24, Sch 1 \\[2\\]; 2007 No 62, Sch 1.1.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Arrangements by the Governor","content":"#### 6 Arrangements by the Governor\n\n6 Arrangements by the Governor\n\n> > (1) The Governor may by order make arrangements—\n> > \n> > > (a) for the determination of the cases, if any, in which compensation is to be payable as a result of the operation of section 5 or 5A, and\n> > \n> > > (b) if there are any such cases—for the determination of the amount and method of payment of any such compensation.\n> \n> > (2) Except in the cases, if any, and to the extent, determined under subsection (1) (taking into account section 6A), compensation is not payable as a result of the operation of section 5 or 5A.\n> \n> > (3) Arrangements under this section may differentiate between the persons to whom compensation is payable as a result of the operation of section 5 or 5A by providing that specified persons, or persons of a specified class, are not entitled to be paid more than a specified sum or specified sums of money in respect of coal vested in the Crown, irrespective of the amount of coal that they owned immediately before the commencement of section 5 or the publication of the relevant proclamation under section 5A, as the case requires.\n> \n> > (4) Arrangements under this section may—\n> > \n> > > (a) authorise the person presiding over relevant proceedings to issue a summons to a person requiring the person to appear at the proceedings for the purpose of giving evidence, or of producing documents specified in the summons, relevant to the determination of the proceedings, or both, and\n> > \n> > > (b) provide for the taking in the proceedings of evidence on oath before the person presiding over the proceedings.\n> \n> > (5) Arrangements under this section may also provide for—\n> > \n> > > (a) the basis on which any recommendation referred to in section 5B (3) is to be made, and\n> > \n> > > (b) the determination of the amount, and method of payment, of any consideration payable in respect of coal acquired under section 5B.\n> \n> > (6) Arrangements under this section that, before the commencement of this subsection, were made otherwise than by order are taken always to have been made by order.\n> \n> > (7) The amount of compensation payable under arrangements under this section must be just and equitable in so far as the compensation—\n> > \n> > > (a) results from the operation of section 5A, or\n> > \n> > > (b) relates to a refusal by the Minister to grant coal to an eligible applicant, after the commencement of this subsection, under the [Coal Ownership (Restitution) Act 1990](/view/html/inforce/current/act-1990-019).\n> > \n> > For the purposes of giving effect to paragraph (b) any existing determination of the compensation concerned is to be re-determined in accordance with this subsection.\n> \n> > (8) It is the duty of the Minister—\n> > \n> > > (a) to ensure that the arrangements are reviewed as soon as practicable after the commencement of this subsection, and thereafter from time to time, for the purpose of ascertaining whether or not the arrangements comply with subsection (7), and\n> > \n> > > (b) to ensure that amendments to the arrangements are promoted, from time to time as necessary, to bring the arrangements into conformity with subsection (7).\n> \n> **s 6:** Am 1990 No 20, Sch 1 (3); 1997 No 22, Sch 1 \\[3\\]–\\[7\\]; 2005 No 24, Sch 1 \\[3\\].","sortOrder":8},{"sectionNumber":"6A","sectionType":"section","heading":"Special provisions relating to compensation","content":"#### 6A Special provisions relating to compensation\n\n6A Special provisions relating to compensation\n\n> > (1) Section 6, and any arrangements made under that section, are subject to the provisions of this section.\n> \n> > (2) If royalty is to be included in the determination of compensation under section 6 in relation to any claim, the royalty is to be calculated in accordance with the provisions of the [Mining Act 1992](/view/html/inforce/current/act-1992-029) and the [Mining Regulation 2003](/view/html/repealed/current/sl-2003-0587) relating to the payment of royalty, as those provisions were in force immediately before 1 July 2004.\n> \n> > (3) Despite subsection (2), the determination of compensation payable under section 6 in relation to any claim must not include an additional amount in respect of royalty under section 283 (1) (b) of the [Mining Act 1992](/view/html/inforce/current/act-1992-029) (or any provision of or made under the former [Coal Mining Act 1973](/view/pdf/asmade/act-1973-81) relating to the payment of additional royalty) unless the Coal Compensation Board considers it appropriate and the amount relates to a period occurring before 1 July 2004.\n> \n> > (4) Any additional amount of royalty referred to in subsection (3) is to be calculated in accordance with the provisions of section 283 (1) (b) of the [Mining Act 1992](/view/html/inforce/current/act-1992-029), and the relevant provisions of the [Mining Regulation 2003](/view/html/repealed/current/sl-2003-0587), as in force immediately before 1 July 2004.\n> \n> > (5) The determination of compensation payable under section 6 in relation to any claim must not include any amount in respect of any contract or other arrangement that—\n> > \n> > > (a) was entered into by an applicant or tenderer for, or the holder of, any lease, licence or other authorisation under the [Coal Mining Act 1973](/view/pdf/asmade/act-1973-81) (as in force before its repeal) or the [Mining Act 1992](/view/html/inforce/current/act-1992-029), and\n> > \n> > > (b) was entered into for the purpose of fulfilling a requirement relating to the grant of the lease, licence or other authorisation or a condition of the lease, licence or other authorisation, and\n> > \n> > > (c) related to the price at which coal was to be supplied to another party to the contract or arrangement.\n> \n> > (6) The provisions of this section extend to any compensation in relation to a claim that has not been finally determined at the commencement of this section, including a claim that is the subject of any appeal, judicial review or redetermination.\n> \n> > (7) However, the provisions of this section—\n> > \n> > > (a) do not affect any payment of compensation under section 6 made before the commencement of this section if the payment was in respect of a claim that had been finally determined before that commencement, or\n> > \n> > > (b) do not entitle any person who has received a payment referred to in paragraph (a) in respect of a claim to any further payment of compensation under section 6 in respect of the claim.\n> \n> > (8) The arrangements made under section 6 may (but need not) make provision with respect to the circumstances in which a claim is taken to have been finally determined for the purposes of this section.\n> \n> > (9) In this section, a reference to a claim includes a reference to an application.\n> \n> **s 6A:** Ins 2005 No 24, Sch 1 \\[4\\].","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Failure to attend relevant proceedings etc","content":"#### 7 Failure to attend relevant proceedings etc\n\n7 Failure to attend relevant proceedings etc\n\n> > (1) A person is guilty of an offence if—\n> > \n> > > (a) arrangements in force under section 6 authorise the issue of summonses requiring attendance at relevant proceedings for a purpose specified in section 6 (4), and\n> > \n> > > (b) the person—\n> > > \n> > > > (i) having been served with such a summons, fails without reasonable excuse to comply with the summons, or\n> > > \n> > > > (ii) having complied with the summons, fails without reasonable excuse to answer a question put to the person by the person presiding over the relevant proceedings concerned.\n> \n> > (2) A person is guilty of an offence if—\n> > \n> > > (a) arrangements in force under section 6 provide for evidence in relevant proceedings to be taken on oath, and\n> > \n> > > (b) the person, having appeared in such proceedings for the purpose of giving evidence, fails without reasonable excuse to take an oath in accordance with a requirement to do so imposed by the person presiding over the proceedings.\n> \n> > (3) A person who in any relevant proceedings gives evidence that the person knows to be false or misleading in a material respect is guilty of an offence.\n> \n> Maximum penalty—20 penalty units.\n> \n> **s 7:** Ins 1990 No 20, Sch 1 (4).","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Proceedings for offences","content":"#### 8 Proceedings for offences\n\n8 Proceedings for offences\n\n> Proceedings for an offence against this Act are to be dealt with summarily before the Local Court.\n> \n> **s 8:** Ins 1990 No 20, Sch 1 (4). Am 2001 No 121, Sch 2.43; 2007 No 94, Sch 2.","sortOrder":11}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1981 Act was a straightforward nationalisation of coal resources. However, the 1990 Restitution Act created exceptions for coal returned to private hands, and section 5B (inserted 1997) added a separate acquisition mechanism for that restituted coal. The 2005 amendments (section 6A) then introduced highly specific compensation calculation rules and royalty caps. What began as a simple 'all coal belongs to the Crown' statute has evolved into a complex regime managing three categories: originally vested coal, restituted coal, and re-acquired restituted coal, each with different compensation rules."},"complexity_factors":["Multiple amending acts referenced (1990, 1997, 2005, 2007, 2009, 2021) creating a patchwork of modifications","Nested exceptions: section 5(2) excludes restituted coal, but section 5B creates a separate acquisition mechanism for that same coal","Complex compensation framework with conditional logic: compensation only payable if Governor makes arrangements (s 6), subject to further limitations in s 6A","Retroactive and prospective application issues: s 6A(6)-(7) deals with claims pending at commencement vs finally determined claims","Cross-references to 6+ other Acts including the Mining Act 1992, Coal Ownership (Restitution) Act 1990, and repealed legislation","Defined terms rely on external statutes ('coal' defined by reference to Mining Act 1992)","Section 6A contains detailed technical rules about royalty calculations frozen at pre-2004 rates"],"plain_english_summary":"**What this law does:**\n\nThis Act transfers ownership of all coal in New South Wales to the Crown (the State government). Before this law, coal could be privately owned. Now, regardless of who owned the land or had mining rights, the coal itself belongs to the State.\n\n**Key things it covers:**\n\n* **Automatic vesting:** Section 5 automatically transfers all coal to the Crown, wiping out any private ownership, leases, contracts, or trusts that previously applied to it. This happens \"free and clear\" — meaning old agreements about that coal no longer bind the government.\n* **Exceptions:** Coal that was returned to private owners under the *Coal Ownership (Restitution) Act 1990* isn't affected by this automatic transfer. However, the Minister can still choose to buy back that coal through negotiation (section 5B).\n* **Compensation:** The government can set up schemes to pay compensation to people who lost their coal rights, but only if the Governor makes specific arrangements for it. There's no automatic right to compensation — it's entirely at the government's discretion (sections 6 and 6A).\n* **Overriding other laws:** Section 4 says this Act beats any other law, contract, or property right. Even if someone had a deed saying they owned the coal, this law overrides it.\n* **Enforcement:** There are penalties for people who don't cooperate with compensation hearings — up to 20 penalty units for ignoring summonses, refusing to swear oaths, or lying (section 7).\n\n**Who it affects:**\n\n* Former private owners of coal rights\n* Mining companies and leaseholders\n* Anyone with historical claims to coal deposits\n\n**Why it matters:**\n\nThis is a major \"resource nationalisation\" law. It ensures the State controls all coal reserves, allowing it to manage mining through licensing rather than dealing with thousands of private mineral owners. It reflects the principle that key natural resources should be publicly controlled for strategic and economic planning."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Notes — Proposed Repeal","severity":"high","reasoning":"A repeal Act was passed in 2007 specifically to repeal this Act, yet the triggering commencement condition (s 4(a) of that Repeal Act) has apparently never been satisfied, leaving the Act in a perpetual state of 'proposed' repeal for over 14 years. The legislation exists in a legal limbo: there is a live instrument intending to kill it, but it cannot die. This creates a paradox where the parliamentary intent to repeal is formally expressed but practically nullified indefinitely.","confidence":0.85,"description":"The Act is noted as being subject to a 'proposed repeal' triggered by the Coal Acquisition Legislation Repeal Act 2007 No 62, yet the Act remains 'in force' as of 11 October 2021 — over 14 years after the repeal mechanism was enacted in 2007."},{"type":"other","section":"Status Information — Currency / File last modified 11 October 2021","severity":"low","reasoning":"If the commencement condition in s 4(a) of the Coal Acquisition Legislation Repeal Act 2007 has in fact been met at some point between 2021 and the access date of 3 April 2026, the website's own stated update obligation would require the Act to have been removed or marked repealed within 3 working days. The fact that it still appears as 'in force' either means the condition has never been met (itself absurd given a 2007 repeal Act) or the update obligation has not been complied with.","confidence":0.6,"description":"The status information states the legislation is 'usually updated within 3 working days after a change to the legislation,' yet the file has not been modified since 11 October 2021 despite the repeal trigger in the 2007 Act remaining unresolved and potentially having been satisfied in the intervening period."}],"contradictions":[{"severity":"high","section_a":"Status Information — Provisions in force: 'The provisions displayed in this version of the legislation have all commenced.'","section_b":"Notes — Proposed repeal: 'The Act is to be repealed on the commencement of sec 4 (a) of the Coal Acquisition Legislation Repeal Act 2007 No 62.'","confidence":0.82,"description":"The Act simultaneously declares all its provisions to be 'in force' while also acknowledging that a separate, enacted statute (passed nearly 14 years prior to the current version date) mandates its repeal. These two positions are logically incompatible: either the repeal condition has been met (making the 'in force' declaration false) or it has never been met (making the 2007 Repeal Act a dead letter and raising questions about whether it was validly structured)."},{"severity":"high","section_a":"Coal Acquisition Act 1981 No 109 — presented as current 'In force version' from 11 October 2021","section_b":"Coal Acquisition Legislation Repeal Act 2007 No 62, s 4(a) — referenced as the instrument that will repeal this Act","confidence":0.8,"description":"The 1981 Act is presented as current and in force on 3 April 2026, yet an Act of Parliament passed in 2007 — nearly two decades prior — expressly provided for its repeal. The coexistence of these two instruments in their current states implies either that Parliament's 2007 intention has been frustrated for an extraordinary and unexplained duration, or that the repeal trigger was drafted in a manner that is practically impossible to satisfy — neither of which reflects sound legislative architecture."}]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1981 Act was almost certainly designed as an active, operative instrument for ongoing government acquisition of coal resources. Over time, its scope has effectively contracted to near-zero — it is no longer used for active acquisitions and exists primarily as a historical administrative remnant pending repeal. The 2007 repeal legislation signals a complete reversal of the original policy intent, moving away from state acquisition of coal resources entirely."},"complexity_factors":["Historical context requires understanding of 1981-era resource nationalisation policy to fully interpret","Multiple amendment versions across 40+ years create a layered legislative history that complicates interpretation","Interaction with a separate repeal Act (Coal Acquisition Legislation Repeal Act 2007) creates an unusual legal limbo — the law exists but is flagged for extinction","Resource acquisition laws typically involve complex compensation, valuation, and property rights frameworks that may exist within the substantive provisions (not fully visible in the metadata provided)","Jurisdictional complexity as a NSW-specific law operating within the broader Australian constitutional framework around natural resources"],"plain_english_summary":"## Coal Acquisition Act 1981 (NSW)\n\n**What is this law about?**\n\nThis is a NSW law originally passed in 1981 that dealt with the government **acquiring (taking ownership of) coal resources** in New South Wales. Essentially, it was a mechanism allowing the state government to take control of coal — a major natural resource — from private hands.\n\n**Who does it affect?**\n\nHistorically, this law affected:\n- **Coal mine owners and operators** in NSW\n- **Companies with coal interests** (ownership rights in coal-bearing land)\n- The **NSW Government** as the acquiring authority\n\n**Why does it matter today?**\n\nHonestly? Very little — and that's the key point. This Act is essentially a **zombie law**: it's still technically on the books, but it has been marked for repeal (cancellation) since a 2007 law called the *Coal Acquisition Legislation Repeal Act 2007* was passed. The repeal just hasn't been fully triggered yet.\n\nThe law has been amended multiple times over the decades (1997, 2003, 2004, 2005, 2007, 2009, 2021) but its practical operation is minimal. It sits under the responsibility of the **Minister for Natural Resources**.\n\n**Bottom line:** Unless you have a historic coal ownership dispute dating back to 1981, this law is unlikely to affect you. Its main significance today is as a historical artifact of a time when NSW governments took a more interventionist approach to nationalising (government taking ownership of) natural resources."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act, as it now reads, has been amended several times in ways that alter scope and mechanics. Notable changes visible in the text include: insertion of special compensation and royalty rules (s 6A, inserted by amendment) that limit how royalty and certain contractual price arrangements may be included in compensation calculations and apply to claims not finally determined (s 6A(2)–(6)); additions clarifying the Act’s primacy over other laws (s 4, amended); provisions enabling the Minister to acquire coal by contract for coal granted under the Coal Ownership (Restitution) Act (s 5B, inserted); and procedural and enforcement provisions added or amended (s 6(4)–(8), s 7, s 8). Collectively these amendments changed both the substantive reach of compensation entitlements and the procedural framework by which compensation is determined and enforced (see s 5, s 6, s 6A, s 5B, s 7, s 8)."},"complexity_factors":["Broad overriding clause that gives this Act legal effect despite any other Act or private instrument (s 4)","Immediate and comprehensive vesting of coal in the Crown, freeing interests and obligations (s 5) with narrow statutory exclusions (s 5(2)–(3))","High discretionary power given to the Governor to make arrangements determining both entitlement to compensation and procedural rules (s 6)","Ministerial responsibilities to review and amend arrangements to meet a statutory standard (s 6(7)–(8))","Specific limits and historically‑anchored rules on how royalty is calculated and when additional royalty can be included, cross‑referencing the Mining Act and past Mining Regulation (s 6A(2)–(4))","Provisions allowing differentiation and caps for classes of claimants (s 6(3)), which increase distributional and administrative complexity","Procedural powers (summonses, sworn evidence) and criminal sanctions for non‑compliance or false evidence, including summary prosecution in the Local Court (s 6(4); s 7; s 8)","Interaction with multiple other statutes and instruments (Mining Act, former Coal Mining Act, Real Property Act, Coal Ownership (Restitution) Act), requiring cross‑statutory interpretation (s 3; s 5(4); s 6A)","Transitional and re‑determination features for claims not finally determined when later provisions commenced (s 6A(6)–(8))"],"plain_english_summary":"What the Act does, in plain terms\n\n- The Act moves ownership of most coal on or under land within the State from whoever previously owned it to the Crown (the government). That transfer is effective immediately when the Act takes effect and frees the coal from previous trusts, leases, licences, contracts and other interests (s 5). Certain narrow categories are excluded by the Act (see s 5(2)–(3)).\n\n- The Act says it operates despite other laws, documents or instruments (for example, leases or licences) — in other words, it overrides inconsistent provisions in other Acts or private instruments (s 4).\n\nHow compensation is handled\n\n- The Governor can make detailed arrangements for whether compensation is payable because of the Crown taking the coal, and if so how to decide who gets paid, how much and how that payment is made (s 6). Those arrangements may also set caps or fixed sums for particular classes of people (s 6(3)).\n\n- Unless the Governor’s arrangements say otherwise, no compensation is payable (s 6(2)). Where compensation is to be assessed, the arrangements may provide for formal hearings, summonses to require attendance or documents, and for evidence to be taken on oath (s 6(4)). The person presiding at those proceedings can summon witnesses and take sworn evidence if the arrangements allow it.\n\nSpecial rules about royalty and excluded contract amounts\n\n- Where royalty is relevant to calculating compensation, the Act requires royalty to be calculated under the Mining Act and the Mining Regulation as they were immediately before 1 July 2004 (s 6A(2)). The Coal Compensation Board must not include an additional royalty amount under the Mining Act (or former Coal Mining Act) unless the Board considers that appropriate and the amount relates to a period before 1 July 2004 (s 6A(3)–(4)).\n\n- The Act prevents compensation from including amounts that arise from certain contracts or arrangements entered into solely to meet grant or licence conditions and that relate to the price at which coal was to be supplied (s 6A(5)). These limits apply to claims not finally determined when the special rules commenced (s 6A(6)–(7)).\n\nWho decides and who acts\n\n- The Governor makes the high-level arrangements on compensation and procedure (s 6). The Minister has a statutory duty to ensure the arrangements are reviewed to meet the \"just and equitable\" test where the Act requires that (s 6(7)–(8)). The Minister may also acquire certain coal by contract on behalf of the Crown (s 5B).\n\n- The Coal Compensation Board is named in the definitions and in s 6A as having a role in deciding whether certain additional royalty amounts are appropriate (s 3; s 6A(3)).\n\nProcedural and enforcement features\n\n- The arrangements under s 6 may allow a presiding officer to issue summonses, require production of documents and take sworn evidence. If a person served with such a summons fails without reasonable excuse to attend or to answer questions, or fails to take an oath when required, they commit an offence (s 6(4); s 7(1)–(2)). Giving knowingly false or misleading evidence in those proceedings is also an offence (s 7(3)). The maximum penalty is 20 penalty units (s 7).\n\n- Proceedings for offences under the Act are to be handled summarily in the Local Court (s 8).\n\nWho pays, who bears the loss, and what behaviour changes\n\n- The Crown becomes the legal owner of vested coal (s 5). Where the Crown pays compensation, the payment follows the Governor’s arrangements; those arrangements may limit or exclude payment for particular persons or classes and may cap payments (s 6(2)–(3)).\n\n- Practically, prior owners of coal lose ownership immediately (s 5); whether they receive compensation, and how much, depends on the arrangements made (s 6). People with information or documents relevant to compensation proceedings can be required to attend and give sworn evidence and risk a penalty for non‑compliance or for giving false evidence (s 6(4); s 7).\n\nCosts, incentives and implementation trade-offs (mechanical effects from the text)\n\n- Fiscal and distributional effect: The Act places the Crown as owner and therefore places the burden of any compensation payments on the Crown (s 5; s 6). At the same time, the Governor’s arrangements may lawfully leave many claimants without compensation (s 6(2)) or subject particular claimants to capped payments (s 6(3)). Those two rules together create a design where the Crown controls both the decision to pay and the extent of payment.\n\n- Administrative discretion and implementation risk: The Governor’s power to make arrangements (s 6) and the Minister’s duty to review and promote amendments (s 6(8)) create significant administrative discretion. The arrangements may set procedural rules (summons, oath, evidence) and substantive rules (who is entitled and how much) — implementation therefore depends heavily on how those arrangements are drafted and administered (s 6(4), (5)).\n\n- Interaction with other law and transitional complexity: The Act overrides other Acts and instruments where inconsistent (s 4) and cross-references the Mining Act and former Coal Mining Act rules for calculating royalty up to a fixed historical date (s 6A(2)–(4)). That produces dependence on historical regulatory settings and on decisions by the Coal Compensation Board about applying additional royalty amounts (s 6A(3)).\n\n- Compliance and legal process costs: Persons who might be affected must participate in the procedures the Governor establishes, or risk penalties for absence, non‑answering or lying under oath (s 6(4); s 7). Offences are to be dealt with summarily in the Local Court (s 8), which concentrates enforcement in a lower court process.\n\nSummary of the mechanical effect\n\n- The Act vests most coal in the Crown (s 5) and empowers the Governor to set the rules for whether and how compensation is to be paid (s 6). It creates process powers (summonses, sworn evidence) and criminal penalties for failure or falsehood in that process (s 6(4); s 7). It also contains special, historically‑bounded rules about whether royalty or contract‑based prices can be counted in compensation (s 6A). The Minister and the Coal Compensation Board have specific operational roles within that framework (s 5B; s 6A(3); s 6(8))."}},"importantCases":[],"_links":{"self":"/api/acts/coal-acquisition-act-1981","history":"/api/acts/coal-acquisition-act-1981/history","analysis":"/api/acts/coal-acquisition-act-1981/analysis","conflicts":"/api/acts/coal-acquisition-act-1981/conflicts","importantCases":"/api/acts/coal-acquisition-act-1981/important-cases","documents":"/api/acts/coal-acquisition-act-1981/documents"}}