{"id":"nsw:sl-1997-0601","name":"Coal Acquisition (Re-acquisition Arrangements) Order 1997","slug":"coal-acquisition-re-acquisition-arrangements-order-1997","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"601 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179350,"registerId":"nsw-nsw:sl-1997-0601-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Order","content":"#### 1 Name of Order\n\n1 Name of Order\n\n> This Order is the [Coal Acquisition (Re-acquisition Arrangements) Order 1997](/view/html/inforce/current/sl-1997-0601).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Order commences on 14 November 1997.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Order:\n> \n> Acquisition Act means the [Coal Acquisition Act 1981](/view/html/inforce/current/act-1981-109).\n> \n> Board means the New South Wales Coal Compensation Board established under the 1985 Arrangements.\n> \n> Coal Compensation Board funds means funds appropriated by Parliament from time to time for the purposes of the payment of compensation under this Order.\n> \n> exercise a function includes perform a duty.\n> \n> function includes power, authority or duty.\n> \n> 1985 Arrangements means the [Coal Acquisition (Compensation) Arrangements 1985](/view/html/inforce/current/sl-1985-0236).\n> \n> Tribunal means the New South Wales Coal Compensation Review Tribunal established under the 1985 Arrangements.\n> \n> Restitution Act means the [Coal Ownership (Restitution) Act 1990](/view/html/inforce/current/act-1990-019).\n> \n> saleable coal means coal in a natural state on or below the surface of land that is or has been extracted for sale or disposal or that might reasonably be expected to be extracted for sale or disposal.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"#### 4 Notes\n\n4 Notes\n\n> The explanatory note and table of contents do not form part of this Order.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"The Board and staff","content":"#### 5 The Board and staff\n\n5 The Board and staff\n\n> > (1) The Board has and is to exercise the functions conferred on it under this Order (in addition to those conferred on it under the 1985 Arrangements).\n> \n> > (2) Such staff as may be necessary to enable the Board to perform its functions under this Order may be employed under the [Public Sector Management Act 1988](/view/html/repealed/current/act-1988-033).\n> \n> > (3) The Board may, with the approval of the Minister administering a government department or an administrative office, arrange for the use of the services of any staff or facilities of the department or office.\n> \n> > (4) It is the duty of the Board’s staff and staff whose services are made use of under subclause (3), to render such practical assistance as is reasonable to persons who are or may be affected by the [Coal Acquisition Amendment Act 1997](/view/pdf/asmade/act-1997-22) to assist them with applications for compensation.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Compensation in respect of restored coal revested in the Crown","content":"# Part 2 Compensation in respect of restored coal revested in the Crown\n\nPart 2 Compensation in respect of restored coal revested in the Crown","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Compensation to owner of revested coal","content":"#### 6 Compensation to owner of revested coal\n\n6 Compensation to owner of revested coal\n\n> > (1) Any person, other than the Crown or an instrumentality or agency of the Crown, is eligible to apply for compensation under this Part in respect of saleable coal that:\n> > \n> > > (a) is vested in the Crown under section 5A of the Acquisition Act, and\n> > \n> > > (b) was immediately before it so vested in the Crown vested in the person.\n> \n> > (2) The compensation payable is to be calculated in accordance with Schedule 1.\n> \n> > (3) Compensation in respect of coal referred to in this clause is payable in accordance with this Order and not otherwise.\n> \n> > (4) If coal that is the subject of an application under this clause was the subject of a determination under the 1985 Arrangements:\n> > \n> > > (a) the applicant is, pending the determination of the compensation payable under this clause, entitled to a preliminary payment of compensation under this Order equal to the amount of the compensation determined under the 1985 Arrangements, and\n> > \n> > > (b) the amount of compensation payable under this clause is not to be less than the amount of the compensation determined under the 1985 Arrangements, except to the extent of any reduction under clause 8 (Gains to be offset against compensation) of this Order.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Compensation for consequential loss when coal revested","content":"#### 7 Compensation for consequential loss when coal revested\n\n7 Compensation for consequential loss when coal revested\n\n> > (1) A person, other than the Crown or an instrumentality or agency of the Crown, who claims to have sustained a consequential loss that is attributable to the operation of section 5A of the Acquisition Act is eligible to apply for compensation under this Part but only if the consequential loss is a pecuniary loss that is directly attributable to the discharge by virtue of the operation of that section of any trust, lease, licence, obligation, estate, interest or contract established, granted, incurred, created or entered into before the commencement of this Order.\n> \n> > (2) An application cannot be made under this clause for a loss in respect of which an application could be made under clause 6 and cannot be made for a loss that is attributable to a liability to pay royalties to the Crown.\n> \n> > (3) If the Board is satisfied that an applicant has sustained a loss to which this clause applies and that having regard to all the circumstances of the case it would be just and equitable for compensation to be paid in respect of the loss, the Board is to determine the amount of compensation to be paid to the person. The compensation to be paid is not to exceed the amount of that loss. The compensation must be just and equitable.\n> \n> > (3A) If, on considering an application to which this clause applies:\n> > \n> > > (a) the Board is not satisfied that the applicant has sustained a loss, or\n> > \n> > > (b) the Board is satisfied that the applicant has sustained a loss but, having regard to all the circumstances of the case, considers it would not be just and equitable for compensation to be paid in respect of the application,\n> > \n> > the Board is to refuse the application.\n> \n> > (4) Compensation in respect of a loss to which this clause applies is payable in accordance with this Order and not otherwise.\n> \n> **cl 7:** Am 7.9.2001; 24.12.2004.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Gains to be offset against compensation","content":"#### 8 Gains to be offset against compensation\n\n8 Gains to be offset against compensation\n\n> In the calculation of an amount of compensation payable under this Part, the Board may make such reduction as the Board determines to be equivalent to the money value of any benefit obtained by the applicant from the discharge of any trust, lease, licence, obligation, estate, interest or contract by virtue of section 5A of the Acquisition Act.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Making an application","content":"#### 9 Making an application\n\n9 Making an application\n\n> > (1) An application for compensation under this Part must:\n> > \n> > > (a) be in writing in a form approved or provided by the Board, and\n> > \n> > > (b) contain or be accompanied by such information and documents as are indicated or required by the form of application or as the Board requires, and\n> > \n> > > (c) be lodged with the Board within 3 months after the coal concerned was vested in the Crown under section 5A of the Acquisition Act in the case of an application under clause 6, or 30 June 1998 in the case of an application under clause 7.\n> \n> > (2) Despite subclause (1), the Board may if it thinks fit, accept and determine an application for compensation under clause 6 lodged more than 3 months after the coal concerned was vested in the Crown under section 5A of the Acquisition Act and may accept and determine an application for compensation under clause 7 lodged after 30 June 1998 but not after such later date as the Minister may determine and notify in the Gazette before 30 June 1998.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Compensation when restitution application refused","content":"# Part 3 Compensation when restitution application refused\n\nPart 3 Compensation when restitution application refused","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Compensation under 1985 Arrangements to be redetermined if restitution application refused on Crown revenue grounds","content":"#### 10 Compensation under 1985 Arrangements to be redetermined if restitution application refused on Crown revenue grounds\n\n10 Compensation under 1985 Arrangements to be redetermined if restitution application refused on Crown revenue grounds\n\n> > (1) When an eligible claimant under the Restitution Act has the person’s application under that Act refused on the ground specified in section 7 (1A) (b) of that Act (namely, that the Minister is of the opinion that the Crown would lose significant revenue were the coal concerned to cease to be vested in the Crown), the original compensation claim (that is, the claim for compensation under the 1985 Arrangements by reason of which the person was such an eligible claimant) is on application to be redetermined under this Order.\n> \n> > (2) For the purposes of the redetermination, the compensation payable is to be calculated in accordance with Schedule 1. The amount of compensation as redetermined is not to be less than the amount determined under the 1985 Arrangements in respect of the original compensation claim.\n> \n> > (3) Any determination under the 1985 Arrangements in respect of that original compensation claim is discharged and is of no effect for the purposes of the 1985 Arrangements (including any appeal under the 1985 Arrangements). Compensation in respect of coal to which the original compensation claim relates ceases to be payable in accordance with the 1985 arrangements and is payable in accordance with this Order (and not otherwise). This subclause does not affect the validity of any interim payment of compensation under the 1985 Arrangements.\n> \n> > (4) Pending a redetermination of compensation under this clause, the person whose claim under the 1985 Arrangements is to be redetermined is entitled to a preliminary payment of compensation under this Order equal to the amount of the compensation as determined under the 1985 Arrangements (less any interim payments of that compensation made under the 1985 Arrangements).","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Gains to be offset against compensation","content":"#### 11 Gains to be offset against compensation\n\n11 Gains to be offset against compensation\n\n> In the calculation of an amount of compensation payable under this Part, the Board may make such reduction as the Board determines to be equivalent to the money value of any benefit obtained by the applicant from the discharge of any trust, lease, licence, obligation, estate, interest or contract by virtue of section 5 of the Acquisition Act.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Making an application","content":"#### 12 Making an application\n\n12 Making an application\n\n> > (1) An application for compensation under this Part must:\n> > \n> > > (a) be in writing in a form approved or provided by the Board, and\n> > \n> > > (b) contain or be accompanied by such information and documents as are indicated or required by the form of application or as the Board requires, and\n> > \n> > > (c) be lodged within 3 months after the person was given notice of the refusal of the person’s application under the Restitution Act.\n> \n> > (2) Despite subclause (1), the Board may if it thinks fit, accept and determine an application for compensation under this Part lodged more than 3 months after the person was given notice of the refusal of the person’s application under the Restitution Act.","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":null,"content":"# Part 4\n\nPart 4\n\n13, 14 (Repealed)\n\n**pt 4 (cll 13, 14):** Rep 2007 No 62, Sch 1.2.","sortOrder":15},{"sectionNumber":"Part 5","sectionType":"part","heading":"General","content":"# Part 5 General\n\nPart 5 General","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Rights and entitlements of persons under a disability and others","content":"#### 15 Rights and entitlements of persons under a disability and others\n\n15 Rights and entitlements of persons under a disability and others\n\n> Any right or entitlement conferred on a person by this Order may in the following circumstances (instead of being exercised by the person) be exercised by the person specified:\n> \n> > (a) where the person has died—the specified person is the person’s legal personal representative,\n> \n> > (b) where the person is a mentally incapacitated person—the specified person is the committee or manager of the person’s estate,\n> \n> > (c) where the person is an insolvent under administration (as defined in the 1985 Arrangements)—the specified person is the trustee in bankruptcy of the person’s estate,\n> \n> > (d) where the person is the next friend of a minor who has, since the right or entitlement arose, attained the age of 18 years—the specified person is that next friend,\n> \n> > (e) where the person was a body corporate, whether a company or not, that has been dissolved and the property of that body is, by law, vested in the Australian Securities Commission—the specified person is that Commission.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Further information","content":"#### 16 Further information\n\n16 Further information\n\n> > (1) The Board may, by notice served on a person who has made an application for compensation under this Order or a claim under the 1985 Arrangements, require the person to provide it with further information or documents with respect to the application or claim, or with respect to any other application under this Order or claim under the 1985 Arrangements (whether or not made by the person), by a date specified in the notice.\n> \n> > (2) The Board may decline to give further consideration to a person’s application or claim if the person fails without reasonable excuse to comply with the requirements of a notice under this clause to provide information or documents with respect to any application or claim or, in purported compliance with those requirements, provides information or documents that the Board considers to be inadequate. If the Board declines to give further consideration to a person’s application or claim, the Board is to make a determination refusing the application or claim.\n> \n> > (3) The Board may pay out of Coal Compensation Board funds any reasonable expenses incurred by the registered holder of a colliery holding in complying with the requirements of a notice under this clause where the requirements relate to an application or claim not made by that registered holder.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Applicant may vary application in certain cases","content":"#### 17 Applicant may vary application in certain cases\n\n17 Applicant may vary application in certain cases\n\n> With the consent of the Board, an application under this Order may be varied by the applicant at any time before the Board has made a determination in respect of it.","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Consideration and determination of applications","content":"#### 18 Consideration and determination of applications\n\n18 Consideration and determination of applications\n\n> > (1) As soon as practicable after an application is made to the Board, the Board must proceed to consider the application. After consideration of an application, the Board must proceed to determine the application.\n> \n> > (2) The Board is to cause notice in writing of its determination of an application to be served on the applicant. The determination is to specify the basis on which the compensation is calculated (if the application is allowed) or the Board’s reasons for refusing the application (if the application is refused).","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Interim payments of compensation","content":"#### 19 Interim payments of compensation\n\n19 Interim payments of compensation\n\n> > (1) At any time before an application for compensation under this Order is determined, the Board may, with the consent of the applicant, make one or more interim payments of compensation to the applicant.\n> \n> > (2) An interim payment of compensation is not to be made unless the payment is authorised by the Minister.\n> \n> > (3) The making of an interim payment of compensation is at the absolute discretion of the Board and the Board cannot be required to disclose the basis on which the interim payment is made or calculated.\n> \n> > (4) A person is not entitled to receive compensation under this Order by reason only that the person has received an interim payment of compensation and the making of an interim payment does not prevent the Board from refusing the application concerned.\n> \n> > (5) No appeal lies in respect of the making of or the refusal to make an interim payment of compensation.\n> \n> > (6) The Board is entitled to recover in a court of competent jurisdiction as a debt due to the Board any amount by which the total of interim payments of compensation to a person in respect of coal and any preliminary payment of compensation to the person under this Order in respect of the coal exceed the amount of compensation (if any) determined under this Order in respect of the coal. However, only interim payments of compensation are recoverable under this subclause and the Board cannot under this subclause recover a preliminary payment of compensation.\n> \n> > (7) Interim payments of compensation are to be made from Coal Compensation Board funds.","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Preliminary payments not recoverable","content":"#### 20 Preliminary payments not recoverable\n\n20 Preliminary payments not recoverable\n\n> > (1) A preliminary payment of compensation under this Order in respect of coal is not recoverable merely because it exceeds the amount of compensation determined under this Order in respect of the coal.\n> \n> > (2) A preliminary payment of compensation is however recoverable to the extent (if any) that it exceeds the amount of compensation determined under this Order in respect of the coal as a result of a reduction in that compensation under clause 8 (Gains to be offset against compensation). To the extent that a preliminary payment is so recoverable, it is recoverable in a court of competent jurisdiction as a debt due to the Board.\n> \n> > (3) This clause does not prevent the recovery of a preliminary payment on any other ground (for example, on the ground that the payment was made to the wrong person because of a mistake as to the person’s identity).","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Interest on compensation","content":"#### 21 Interest on compensation\n\n21 Interest on compensation\n\n> > (1) Interest is payable in respect of an amount of compensation determined under this Order, for the period from the date on which the determination of the amount was made up to and including the date of payment. However, if the determination is made before an application for the compensation is made, interest is not payable for any period before the application is made.\n> \n> > (2) Interest under this clause is to be at a rate and on terms determined by the Treasurer and notified in writing to the Board.\n> \n> > (3) The amount of compensation in respect of which interest under this clause is payable is to be reduced by the amount of any interim or preliminary payment of compensation made to the applicant.","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Payment of compensation","content":"#### 22 Payment of compensation\n\n22 Payment of compensation\n\n> > (1) On being authorised to do so by the Minister, the Board is to pay an amount of compensation determined by it under this Order (together with any interest payable) to the applicant out of Coal Compensation Board funds. The amount of compensation to be paid to an applicant is to be reduced to take account of any interim or preliminary payments of compensation paid to the applicant in respect of the coal concerned.\n> \n> > (2) If an applicant fails without reasonable excuse to comply with a requirement made by the Board under this Order to provide the Board with further information or documents or, in purported compliance with such a requirement, provides information or documents that the Board considers to be inadequate, the Board may postpone payment to the applicant of an amount of compensation until the applicant complies with the requirements of the notice.\n> \n> > (3) If the Board has paid the reasonable expenses of the registered holder of a colliery holding incurred in complying with the requirements of a notice served under this Order to provide information or documents in relation to an application for compensation, being an application not made by that registered holder, the Board may deduct the amount so paid from any amount of compensation payable to an applicant under this Order in respect of the application.\n> \n> > (4) If payment of an amount of compensation determined under this Order is postponed under this clause, interest is payable under this Order in respect of the amount only from the date to which payment of the amount was postponed up to and including the date of payment.\n> \n> > (5) No interest is payable under this Order in respect of any amount deducted from an amount of compensation by the Board under this clause.","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Appeals","content":"#### 23 Appeals\n\n23 Appeals\n\n> > (1) There is a right of appeal against a determination of compensation under this Order or a refusal of an application for compensation under this Order.\n> \n> > (2) The appeal is to the Tribunal and is made by lodging with the Tribunal a notice of appeal in writing within 30 days after the Board notifies the claimant of the determination or the refusal of the application concerned. The notice of appeal must specify the grounds of appeal and be accompanied by a lodgment fee of $100.\n> \n> > (3) The Tribunal may in a particular case extend and further extend the time for lodging a notice of appeal. The Tribunal may delegate to a member of the staff of the Board the power of the Tribunal under this subclause to extend or further extend that time.\n> \n> > (4) The grounds on which an appeal may be lodged are:\n> > \n> > > (a) in the case of an appeal against a determination of compensation, that the Board has wrongly assessed the amount of compensation that is payable to the applicant, or\n> > \n> > > (b) in the case of an appeal against the refusal of an application, that the applicant was entitled to compensation under this Order or that the application was wrongfully refused.\n> \n> > (5) There is no appeal against any determination or other action under this Order except as provided by this clause. In particular there is no appeal against a recommendation of the Board for the purposes of section 5B of the Acquisition Act or a determination of the Treasurer for the purposes of Schedule 1.\n> \n> > (6) If on an appeal, the Tribunal has remitted the matter to the Board for reconsideration, the applicant is not precluded from lodging a further appeal under this clause against a determination of the Board of the amount of compensation on the ground that the Board has wrongly assessed the amount of compensation.\n> \n> **cl 23:** Am 7.9.2001.","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Service of notices and other documents","content":"#### 24 Service of notices and other documents\n\n24 Service of notices and other documents\n\n> A notice or other document that is required by this Order to be served on a person may be served as provided by the 1985 Arrangements.","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Compliance with requirements of forms","content":"#### 25 Compliance with requirements of forms\n\n25 Compliance with requirements of forms\n\n> > (1) Strict compliance with the substance of, and provision of the information required by, a form provided or approved by the Board under this Order is necessary unless the Board otherwise agrees.\n> \n> > (2) A form approved or provided by the Board for the purposes of this Order must be completed in accordance with such directions and instructions as are specified in, or relate to, the form.","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Confidentiality","content":"#### 26 Confidentiality\n\n26 Confidentiality\n\n> The Board and any person concerned in the administration of this Order must not disclose any information obtained under this Order in respect of an application unless the disclosure is made for the purpose of exercising the Board’s or the person’s functions under this Order or the 1985 Arrangements.","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Amendment of 1985 Arrangements","content":"#### 27 Amendment of 1985 Arrangements\n\n27 Amendment of 1985 Arrangements\n\n> The [Coal Acquisition (Compensation) Arrangements 1985](/view/html/inforce/current/sl-1985-0236) is amended as set out in Schedule 2.","sortOrder":29},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Calculation of compensation","content":"# Schedule 1 Calculation of compensation\n\nSchedule 1 Calculation of compensation\n\n(Clauses 6 and 10)\n\n**sch 1:** Am 24.12.2004.","sortOrder":30},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Amendment of 1985 Arrangements","content":"# Schedule 2 Amendment of 1985 Arrangements\n\nSchedule 2 Amendment of 1985 Arrangements\n\n(Clause 27)","sortOrder":34},{"sectionNumber":"13","sectionType":"section","heading":"Clause 28 Hearing of appeal by Tribunal","content":"#### 13 Clause 28 Hearing of appeal by Tribunal\n\n\\[13\\] Clause 28 Hearing of appeal by Tribunal\n\n> Omit “under clause 27”.","sortOrder":48},{"sectionNumber":"14","sectionType":"section","heading":"Clause 29 Decisions of Tribunal","content":"#### 14 Clause 29 Decisions of Tribunal\n\n\\[14\\] Clause 29 Decisions of Tribunal\n\n> Omit “under clause 27” from clause 29 (1).\n> \n> Insert instead “under this instrument or the 1997 Compensation Arrangements”.","sortOrder":49}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a compensation scheme for coal re-acquisition and restitution refusal. While it amends the 1985 Arrangements extensively, this is integrally related to its purpose of creating a unified compensation system. The amendments in Schedule 2 are consequential amendments to ensure the 1985 Arrangements work properly with the new 1997 scheme, rather than scope creep."},"complexity_factors":["Mathematical compensation formulas with multiple variables (a, e, r, t) requiring actuarial calculations across multiple time periods","Extensive cross-referencing to three other pieces of legislation: Coal Acquisition Act 1981, Coal Ownership (Restitution) Act 1990, and Coal Acquisition (Compensation) Arrangements 1985","Nested conditional logic in Schedule 1 with different formulas for past, present, and future relevant periods","Multiple types of payments with different recovery rules: preliminary payments (generally not recoverable), interim payments (recoverable), and adjusted payments with incremental factors","27 defined terms across the Order and Schedule 1, including recursive definitions ('function includes power, authority or duty')","Complex interaction between Part 2 (re-acquisition) and Part 3 (restitution refusal) with different base dates and calculation methods","Schedule 2 contains 18 separate amendment items modifying the 1985 Arrangements, requiring readers to understand both instruments simultaneously","Discretionary powers with broad criteria: Board must determine what is 'just and equitable' in multiple contexts without clear statutory guidance","Temporal complexity with multiple deadlines (3 months from vesting, 30 June 1998, 30 days for appeal) and extension provisions","Financial mechanics involving compound interest, weighted average cost of capital, profitability rankings, and present value calculations"],"plain_english_summary":"**What this legislation does:**\n\nThis Order creates a compensation scheme for people who lost ownership of coal deposits when the NSW government took them back ('revested' them in the Crown). It deals with two main situations:\n\n1. **When coal was re-acquired by the Crown** (Part 2): If you owned coal that the government took back under the *Coal Acquisition Act 1981*, you can apply for compensation. The amount is calculated based on the value of the coal that could be mined, using a complex formula in Schedule 1 that considers future mining periods, royalty rates, and investment returns.\n\n2. **When restitution was refused** (Part 3): If you applied to get your coal back under the *Coal Ownership (Restitution) Act 1990* but were refused because the government would lose too much revenue, your original compensation claim gets recalculated (hopefully at a higher amount).\n\n**Who it affects:**\n- Former private owners of coal deposits in NSW\n- People who held leases, licences or contracts over coal that were cancelled when the coal was taken back\n- The NSW Coal Compensation Board (which processes claims) and the Coal Compensation Review Tribunal (which hears appeals)\n\n**Key features:**\n- **Compensation calculations** use a complicated mathematical formula involving projected coal tonnages, royalty rates, discount rates, and time periods\n- **Preliminary payments**: If you already got compensation under the 1985 Arrangements, you get that amount upfront while your new claim is processed\n- **Interim payments**: The Board can make early payments with Ministerial approval, but these can be recovered if the final award is lower\n- **Gains offset**: Any financial benefit you got from having leases or obligations cancelled can reduce your compensation\n- **Appeals**: You can appeal to the Tribunal within 30 days for a $100 fee\n- **Interest**: Payable on compensation from the determination date until payment\n\n**Why it matters:**\nThis is part of the long-running saga of NSW coal nationalisation. The government acquired private coal rights in 1981, allowed some restitution applications in 1990, then created this 1997 scheme to pay proper compensation when restitution was refused or when coal was re-acquired. It ensures people who lost valuable mineral rights get paid, while protecting the government's revenue from mining royalties."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available information, the Order appears to have remained focused on its original purpose of managing re-acquisition arrangements for coal assets in NSW. While it was amended across three versions (2001, 2004, 2007), the title and subject matter are consistent throughout, suggesting no fundamental shift in scope. The overall legislative scheme was ultimately wound back via the 2007 Repeal Act, which reflects a policy change at a higher level rather than a change in this Order's own scope."},"complexity_factors":["Specialist subject matter — coal acquisition law is a niche area of NSW mining and property law","Multiple historical versions requiring point-in-time analysis to understand the law at any given date","Requires cross-referencing with the parent Coal Acquisition Act and the Coal Acquisition Legislation Repeal Act 2007 to understand full effect","The substantive provisions of the Order are not included in the provided text, making full analysis impossible","Transitional/repeal status creates ambiguity about whether and when the Order formally ceases to operate","Interplay between government acquisition of property rights and private commercial interests adds legal nuance"],"plain_english_summary":"This Order set out how the NSW government handled the re-acquisition or return of coal interests that had previously been taken into government ownership, affecting mining companies, landowners and others with former government-acquired coal rights.  \n\nIt’s now largely a historical, effectively obsolete instrument: flagged for repeal under the Coal Acquisition Legislation Repeal Act 2007 and unlikely to have practical effect today."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Notes — Proposed repeal","severity":"high","reasoning":"A repeal Act was enacted in 2007 with the specific purpose of repealing this Order, yet as of April 2026 the Order remains listed as current and in force. Either section 4(a) of the Repeal Act has never commenced — leaving a repeal Act in a perpetual state of non-commencement for nearly two decades — or the legislation database has not been updated to reflect the repeal. Either scenario is logically problematic: if the commencement condition was never triggered, that itself may indicate a drafting or administrative failure in the enabling legislation.","confidence":0.82,"description":"The Order is described as 'in force' with a current version 'to date' (accessed 5 April 2026), yet a note states it is 'to be repealed on the commencement of sec 4(a) of the Coal Acquisition Legislation Repeal Act 2007 No 62'. The repeal Act was passed in 2007, nearly 19 years before the access date, yet the Order persists as apparently in force with no recorded commencement of that repeal provision."},{"type":"other","section":"Status Information — Currency of version / File last modified","severity":"medium","reasoning":"The claim of near-real-time updating (within 3 working days) sits in direct tension with a file modification date frozen in 2015. If the legislation or its status changed at any point in the intervening 11 years, the update promise was not honoured. This is at minimum an internal inconsistency in the metadata presented alongside the instrument.","confidence":0.75,"description":"The status information states the legislation is 'usually updated within 3 working days after a change to the legislation', yet the file was last modified on 1 February 2015, more than 11 years before the access date of 5 April 2026, despite the existence of a pending repeal note that presumably should have been resolved or updated."},{"type":"other","section":"Document structure — Site header / Site navigation / Site footer (repeated throughout)","severity":"low","reasoning":"While this is likely a rendering or export artefact rather than a substantive legal flaw, the document as presented contains no discernible operative provisions whatsoever — only metadata, status information, and navigation chrome. A legislative instrument with no readable operative text creates an impossible compliance situation for any person attempting to ascertain their legal obligations under it.","confidence":0.88,"description":"The legislative document as published contains repeated verbatim duplication of navigational and structural website elements (site headers, site navigation menus, section headings appearing twice in succession) embedded within the body of the legislative text, making it impossible to identify where website boilerplate ends and operative legislative content begins."}],"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 Order is to be repealed on the commencement of sec 4(a) of the Coal Acquisition Legislation Repeal Act 2007 No 62.'","confidence":0.8,"description":"The document simultaneously asserts that all provisions are fully in force and current, while also noting that a 2007 Act mandates the Order's repeal upon a commencement event. If that commencement event occurred (as one would expect within 19 years of the Repeal Act's passage), the Order cannot still be fully 'in force'. If it has not occurred, the Repeal Act is itself in a state of indefinite suspended animation, contradicting the ordinary expectation that enacted legislation takes effect."},{"severity":"medium","section_a":"Currency of version: 'Current version for 23 November 2007 to date (accessed 5 April 2026 at 14:37)' — implying continuous legal currency for ~19 years.","section_b":"Notes — Proposed repeal referencing Coal Acquisition Legislation Repeal Act 2007 No 62 — a statute whose very title and purpose is the elimination of this legislative regime.","confidence":0.77,"description":"The Order claims unbroken currency from 2007 to 2026, yet the NSW Parliament enacted dedicated repeal legislation in the same year (2007). The co-existence of a 'current' Order and an enacted (but apparently uncommenced) Repeal Act directed squarely at it represents a contradiction between parliamentary intent and the operational status of the instrument."}]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This Order shifts compensation for coal revested in the Crown from the earlier 1985 Arrangements to a new 1997 regime for specified cases: it makes compensation payable under this Order (not the 1985 Arrangements) for affected coal and provides for redetermination of earlier awards (cl 6(3); cl 10(2)–(3)). Schedule 2 amends the 1985 Arrangements to recognise and operate alongside the 1997 Compensation Arrangements (sch 2, esp. [3]–[5])."},"complexity_factors":["Detailed, multi-step monetary formula in Schedule 1 (sch 1 cl 2) using variables a, e, r and t with case‑by‑case determinations.","Board discretion to adjust compensation to what is ‘just and equitable’ and to determine r and other variables (sch 1 cl 2(3), cl 2(6); cl 7(3)).","Interplay and precedence between this Order and earlier 1985 Arrangements and the Restitution Act, including redetermination and discharge of earlier determinations (cl 6(3); cl 10(1)–(3); sch 2).","Treasurer’s role in setting investment terms and rates that feed into calculations (sch 1 cl 3; sch 1 cl 2(3)), creating cross‑branch dependencies.","Multiple payment regimes: preliminary payments, interim payments (Minister authorisation), recoverability rules and interest adjustments (cls 19–22).","Strict time limits with board discretion to accept late claims and Minister power to extend certain deadlines (cls 9(1)(c), 12(1)(c), 9(2)).","Procedural and evidentiary burdens: prescribed forms, requirements for further information, and confidentiality constraints (cls 9, 16, 25, 26).","Amendments to the 1985 Arrangements to accommodate the new funding and claim framework, altering institutional responsibilities (sch 2).","Appeal route narrowly defined to the Tribunal with delegations and limited grounds (cl 23), creating specialist appeal processes."],"plain_english_summary":"This Order sets out how former private owners and other affected parties can claim compensation when saleable coal is vested in the Crown under section 5A of the Acquisition Act. It gives the NSW Coal Compensation Board power to receive and determine applications, apply detailed monetary formulas in Schedule 1, make interim and preliminary payments, and pay from Parliament‑appropriated Coal Compensation Board funds (cls 5–6, sch 1, cls 19–22).\n\nIt affects former owners and parties with direct pecuniary consequential loss; the Treasurer sets investment terms used in the calculation and appeals go to the Tribunal (sch 1 cl 3; cl 23)."}},"importantCases":[],"_links":{"self":"/api/acts/coal-acquisition-re-acquisition-arrangements-order-1997","history":"/api/acts/coal-acquisition-re-acquisition-arrangements-order-1997/history","analysis":"/api/acts/coal-acquisition-re-acquisition-arrangements-order-1997/analysis","conflicts":"/api/acts/coal-acquisition-re-acquisition-arrangements-order-1997/conflicts","importantCases":"/api/acts/coal-acquisition-re-acquisition-arrangements-order-1997/important-cases","documents":"/api/acts/coal-acquisition-re-acquisition-arrangements-order-1997/documents"}}