{"id":"nsw:act-2008-050","name":"Coal Innovation Administration Act 2008","slug":"coal-innovation-administration-act-2008","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"50 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":68704,"registerId":"nsw-act-2008-050-current","compilationNumber":null,"startDate":"2026-04-02","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 Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Coal Innovation Administration Act 2008](/view/html/inforce/current/act-2008-050).\n> \n> **s 1:** Subst 2011 No 29, Sch 1 \\[2\\].","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent to this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> CINSW means Coal Innovation NSW established by this Act.\n> \n> exercise a function includes perform a duty.\n> \n> function includes a power, authority or duty.\n> \n> low emissions coal technologies means technologies for facilitating reduction of greenhouse gas emissions from the extraction, preparation or use of coal.\n> \n> Minerals Council means the New South Wales Minerals Council Limited (ACN 002 500 316).\n> \n> the Fund means the Coal Innovation NSW Fund established by this Act.\n> \n> **s 3:** Am 2011 No 29, Sch 1 \\[3\\]–\\[6\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Coal Innovation NSW Fund","content":"# Part 2 Coal Innovation NSW Fund\n\nPart 2 Coal Innovation NSW Fund\n\n**pt 2, hdg:** Am 2011 No 29, Sch 1 \\[7\\].","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of Fund","content":"#### 4 Establishment of Fund\n\n4 Establishment of Fund\n\n> > (1) There is to be established in the Special Deposits Account a fund called the Coal Innovation NSW Fund.\n> \n> > (2) The Fund is to be administered by the Minister.\n> \n> **s 4:** Am 2011 No 29, Sch 1 \\[6\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Purposes of Fund","content":"#### 5 Purposes of Fund\n\n5 Purposes of Fund\n\n> The purposes of the Fund are as follows—\n> \n> > (a) to provide funding for research into, and development of, low emissions coal technologies,\n> \n> > (b) to provide funding to demonstrate low emissions coal technologies,\n> \n> > (c) to provide funding to increase public awareness and acceptance of the importance of reducing greenhouse gas emissions through the use of low emissions coal technologies,\n> \n> > (d) to provide funding for the commercialisation of low emissions coal technologies.\n> \n> **s 5:** Am 2011 No 29, Sch 1 \\[8\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Payments into Fund","content":"#### 6 Payments into Fund\n\n6 Payments into Fund\n\n> > (1) There is payable into the Fund—\n> > \n> > > (a) all money advanced by the Treasurer for the Fund, and\n> > \n> > > (b) all money appropriated by Parliament for the purposes of the Fund, and\n> > \n> > > (c) the proceeds of the investment of money in the Fund, and\n> > \n> > > (d) all money directed or authorised to be paid into the Fund by or under this or any other Act or law, and\n> > \n> > > (e) all money received from voluntary contributions to the Fund made by any person or body.\n> \n> > (2) A voluntary contribution to the Fund may be made on the condition that the contribution is to be used only for a specified purpose.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Payments out of Fund","content":"#### 7 Payments out of Fund\n\n7 Payments out of Fund\n\n> > (1) There is payable from the Fund—\n> > \n> > > (a) payments approved by the Minister for the purposes of the Fund, and\n> > \n> > > (b) administrative expenses incurred in relation to the Fund or CINSW, and\n> > \n> > > (c) payments directed or authorised to be paid from the Fund by or under this or any other Act or law.\n> \n> > (2) Any money paid into the Fund on the condition that it is to be used only for a specified purpose, including any proceeds of the investment of that money in the Fund, is only payable from the Fund for the specified purpose and a proportionate share of the administrative expenses payable from the Fund.\n> \n> > (3) The Minister is to produce an annual report detailing fund allocations and the projects and other activities that received funding under this Act during the year.\n> \n> > (4) The annual report is to include an evaluation of the effectiveness of each of the projects and other activities that received funding under this Act.\n> \n> > (5) The annual report is to be tabled in each House of Parliament within 6 months after the end of the financial year to which it relates.\n> \n> > (6) The Minister is to publish each annual report, so as to promote low emissions coal technologies to the NSW public.\n> \n> **s 7:** Am 2011 No 29, Sch 1 \\[8\\] \\[9\\].","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Investment of money in Fund","content":"#### 8 Investment of money in Fund\n\n8 Investment of money in Fund\n\n> The Minister may invest money in the Fund—\n> \n> > (a) if the Minister is a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way that the Minister is permitted to invest money under that Part, or\n> \n> > (b) if the Minister is not a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way approved by the Treasurer.\n> \n> **s 8:** Subst 2018 No 70, Sch 3.11.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Coal Innovation NSW","content":"# Part 3 Coal Innovation NSW\n\nPart 3 Coal Innovation NSW\n\n**pt 3, hdg:** Am 2011 No 29, Sch 1 \\[10\\].","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Establishment of CINSW","content":"#### 9 Establishment of CINSW\n\n9 Establishment of CINSW\n\n> There is established by this Act Coal Innovation NSW.\n> \n> **s 9:** Am 2011 No 29, Sch 1 \\[11\\].","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Membership of CINSW","content":"#### 10 Membership of CINSW\n\n10 Membership of CINSW\n\n> > (1) CINSW is to consist of the following members appointed by the Minister—\n> > \n> > > (a) an independent person appointed by the Minister to be the Chairperson of CINSW,\n> > \n> > > (b) 2 persons, each of whom is employed in or by a government agency,\n> > \n> > > (c) 2 persons who are nominated jointly by the Australian Coal Association and the Minerals Council to represent the New South Wales black coal industry,\n> > \n> > > (d) such other persons (up to a maximum of 4) as the Minister may appoint from time to time, being persons whom the Minister considers have qualifications or experience relevant to the functions of CINSW.\n> \n> > (2) If either or both of the nominations required for the purposes of subsection (1) (c) are not made within such time or in such manner as may be specified by the Minister by notice to the Australian Coal Association and the Minerals Council, the Minister may appoint any person or persons so that 2 members are appointed to represent the New South Wales black coal industry.\n> \n> > (3) Schedule 1 contains provisions relating to members of CINSW.\n> \n> **s 10:** Subst 2011 No 29, Sch 1 \\[12\\].","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Functions of CINSW","content":"#### 11 Functions of CINSW\n\n11 Functions of CINSW\n\n> > (1) The functions of CINSW are as follows—\n> > \n> > > (a) to give advice and make recommendations to the Minister concerning the funding from the Fund of projects and other activities for the purposes of the Fund, including advice about priorities for funding and recommendations concerning applications for funding,\n> > \n> > > (b) to advise the Minister on policies to encourage the development and implementation of low emissions coal technologies,\n> > \n> > > (c) to make recommendations to the Minister concerning opportunities for involvement by private and public sector entities in interstate, national and international research projects involving low emissions coal technologies,\n> > \n> > > (d) to advise the Minister on such other matters concerning low emissions coal technologies as the Minister may refer to CINSW,\n> > \n> > > (e) such other functions with respect to low emissions coal technologies as the Minister may from time to time direct.\n> \n> > (2) CINSW may give its advice and make its recommendations either at the request of the Minister or without any such request.\n> \n> > (3) CINSW has such other functions as are conferred or imposed on it by or under this or any other Act.\n> \n> **s 11:** Am 2011 No 29, Sch 1 \\[8\\] \\[9\\].","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Powers of CINSW","content":"#### 12 Powers of CINSW\n\n12 Powers of CINSW\n\n> CINSW may do all things that are necessary or convenient to be done for or in connection with the exercise of its functions, and, in particular, may—\n> \n> > (a) consult with appropriate persons and bodies, and\n> \n> > (b) undertake or commission research, and\n> \n> > (c) obtain technical or professional advice, and\n> \n> > (d) provide information to the public, and\n> \n> > (e) consult with relevant international, Commonwealth, State and Territory bodies, and\n> \n> > (f) issue guidelines relating to the required form and content of applications for funding from the Fund.\n> \n> **s 12:** Am 2011 No 29, Sch 1 \\[9\\].","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Committees of CINSW","content":"#### 13 Committees of CINSW\n\n13 Committees of CINSW\n\n> > (1) CINSW may establish committees for specified purposes to assist it in connection with the exercise of its functions.\n> \n> > (2) A committee must include at least one member of CINSW.\n> \n> > (3) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be as determined by CINSW or (subject to any determination of CINSW) by the committee.\n> \n> **s 13:** Am 2011 No 29, Sch 1 \\[9\\].","sortOrder":15},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Delegation","content":"#### 14 Delegation\n\n14 Delegation\n\n> The Minister may delegate to a member of the Public Service the exercise of any of the Minister’s functions under this Act or the regulations, other than this power of delegation.\n> \n> **s 14:** Am 2015 No 15, Sch 3.11 \\[1\\].","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Regulations","content":"#### 15 Regulations\n\n15 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Review of Act","content":"#### 16 Review of Act\n\n16 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":19},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to members and procedure of CINSW","content":"# Schedule 1 Provisions relating to members and procedure of CINSW\n\nSchedule 1 Provisions relating to members and procedure of CINSW\n\n(Section 10 (3))\n\n**sch 1, hdg:** Subst 2011 No 29, Sch 1 \\[13\\].\n\n**sch 1:** Am 2011 No 29, Sch 1 \\[9\\] \\[14\\]; 2015 No 15, Sch 3.11 \\[2\\].","sortOrder":20},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions\n\n**sch 2:** Ins 2011 No 29, Sch 1 \\[15\\]. Am 2023 No 26, Sch 6.1.","sortOrder":35}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The renaming of the Act from 'Clean Coal Administration Act 2008' to 'Coal Innovation Administration Act 2008' strongly suggests a deliberate change in scope or framing. 'Clean coal' typically refers to technologies that reduce emissions from coal combustion, whereas 'coal innovation' is a broader term that could encompass a wider range of technological developments. This rebranding, combined with multiple amendments over the years, indicates the Act's focus has evolved beyond its original intent."},"complexity_factors":["Only metadata was available for analysis — the operative provisions of the Act were not included in the provided text, preventing full complexity assessment","The Act has been amended at least four times since 2008, suggesting evolving complexity over time","The renaming from 'Clean Coal Administration Act' to 'Coal Innovation Administration Act' may introduce interpretive questions about continuity of intent and obligations","The Act sits across multiple policy domains (energy, environment, industry funding), which can create administrative complexity","Interaction with other NSW natural resources legislation is implied but cannot be assessed without the full text"],"plain_english_summary":"Creates NSW’s legal framework to administer coal-innovation programs, placing responsibility with the Minister for Natural Resources; it affects coal companies, researchers, relevant agencies and potentially taxpayers funding those initiatives.\n\nThe renaming from “Clean Coal” to “Coal Innovation” signals a reframing of policy. Note: only metadata was available—operative provisions were not reviewed."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 2008 Act established the 'Clean Coal Fund' and 'Clean Coal Council'. The 2011 amendments renamed these to 'Coal Innovation NSW Fund' and 'Coal Innovation NSW', broadening the scope from 'clean coal' to 'low emissions coal technologies'. This represents a subtle expansion from carbon capture and storage concepts to a wider range of emission reduction technologies. The 2023 amendment (Schedule 2, Part 3) added a specific provision to transfer $17 million out of the Fund to the Consolidated Fund, indicating the legislation has also been used for fiscal management purposes beyond its original R&D mission."},"complexity_factors":["Short statute (16 sections plus 2 schedules)","Minimal defined terms (only 6 in the main Act, 2 in Schedule 1)","Straightforward structure: Fund establishment → Advisory body → Administrative provisions","Limited cross-referencing (primarily to Government Sector Finance Act 2018 and Government Sector Employment Act 2013)","No nested exceptions or highly conditional logic","Standard governance provisions (meetings, quorum, vacancies) using familiar legislative templates","Simple savings and transitional provisions in Schedule 2"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a government fund and advisory body to support research and development of cleaner coal technologies in New South Wales.\n\n**Key parts:**\n\n- **The Fund:** Establishes the \"Coal Innovation NSW Fund\" — a pool of money held in a government account (the Special Deposits Account). Money comes from Parliament, the Treasurer, investment returns, and voluntary contributions.\n\n- **What the money is for:** Funding research, demonstrations, public education, and commercialisation of \"low emissions coal technologies\" — essentially ways to reduce greenhouse gas pollution from mining and using coal.\n\n- **Coal Innovation NSW (CINSW):** An advisory body of up to 9 appointed members who recommend projects for funding, advise the Minister on clean coal policy, and promote public awareness. It includes government representatives and industry nominees from coal companies.\n\n- **Accountability:** The Minister must publish an annual report on how money was spent and how effective the funded projects were.\n\n**Who it affects:**\n\n- Coal mining companies (who nominate representatives to CINSW)\n- Researchers and businesses seeking grants for clean coal technology\n- NSW taxpayers (whose money funds the program)\n\n**Why it matters:**\n\nThis is a state-level mechanism to channel public money toward reducing the environmental impact of coal — a major NSW industry — while keeping the industry economically viable. It reflects a policy choice to invest in technological solutions to emissions rather than phasing out coal."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s scope has been altered by later amendments that replaced the former Clean Coal Council arrangements, renamed and continued the Clean Coal Fund as the Coal Innovation NSW Fund, and revised governance (see Sch 2 Part 2 cl 3 and cl 4; s 10 replacing membership rules). A consequential, explicit transfer of $17,000,000 from the Fund to the Consolidated Fund was authorised (Sch 2 Part 3 cl 5), reducing available Fund resources despite the Fund’s stated purposes (ss 4–5)."},"complexity_factors":["Multiple institutional elements: establishment of a dedicated fund (s 4–8) plus a statutory advisory body CINSW with membership and committee rules (ss 9–13; Sch 1).","Ministerial discretion: Minister appoints members, approves payments from the Fund, and may direct CINSW’s functions (ss 4(2), 7(1)(a), 10(1), 11(1)(e)).","Industry involvement: two members are jointly nominated by industry bodies (s 10(1)(c)), creating targeted representation and nomination procedures (s 10(2)).","Funding and conditionality: payments into/out of Fund include appropriations, Treasurer advances, investment returns and voluntary contributions which may be ring‑fenced (s 6; s 7(2)).","Investment rule depends on GSF agency status and Treasurer approval, adding an external compliance layer (s 8).","Reporting and evaluation obligations require annual reporting and project effectiveness evaluation (s 7(3)–(6)), imposing administrative burden.","Transitional and one‑off fiscal measure: a specific $17,000,000 transfer from the Fund to the Consolidated Fund despite other Act provisions (Sch 2 Part 3 cl 5).","Amendments and delegated powers: regulatory and delegation powers permit further detail to be prescribed and functions to be delegated (ss 14–15; Sch 2 enabling regs)."],"plain_english_summary":"Creates a Coal Innovation NSW Fund in the Special Deposits Account and establishes Coal Innovation NSW (CINSW), an advisory body. Mechanically, the Minister administers and approves payments; the Fund is fed by Treasurer advances, parliamentary appropriations, investment returns and voluntary contributions. The stated purposes are to fund research, demonstration, awareness and commercialisation of low‑emissions coal technologies and to have CINSW advise on priorities. The Act also includes a $17 million transfer from the Fund to the Consolidated Fund."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/coal-innovation-administration-act-2008","history":"/api/acts/coal-innovation-administration-act-2008/history","analysis":"/api/acts/coal-innovation-administration-act-2008/analysis","conflicts":"/api/acts/coal-innovation-administration-act-2008/conflicts","importantCases":"/api/acts/coal-innovation-administration-act-2008/important-cases","documents":"/api/acts/coal-innovation-administration-act-2008/documents"}}