{"id":"nsw:sl-2017-0686","name":"Coal Mine Subsidence Compensation Regulation 2017","slug":"coal-mine-subsidence-compensation-regulation-2017","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"686 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177382,"registerId":"nsw-nsw:sl-2017-0686-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Coal Mine Subsidence Compensation Regulation 2017](/view/html/inforce/current/sl-2017-0686).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 January 2018 and is required to be published on the NSW legislation website.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> > (1) In this Regulation—\n> > \n> > the Act means the [Coal Mine Subsidence Compensation Act 2017](/view/html/inforce/current/act-2017-037).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of “active coal mine”","content":"#### 4 Meaning of “active coal mine”\n\n4 Meaning of “active coal mine”\n\n> > (1) Exclusion of certain coal mines with historically inactive areas A coal mine that is a colliery holding referred to in paragraph (a) of the definition of active coal mine in section 4 (1) of the Act is excluded from that definition if any part of the holding is shown hatched red and labelled “inactive underground coal mining” on the Active Coal Mines Map.\n> \n> > (2) Inclusion of certain coal mines (other than historically inactive areas) A coal mine referred to in subclause (1) is prescribed for the purposes of paragraph (b) of the definition of active coal mine in section 4 (1) of the Act, but only in relation to land that is not shown hatched red and labelled “inactive underground coal mining” on the Active Coal Mines Map.\n> \n> > (3) In this clause—\n> > \n> > Active Coal Mines Map means the Coal Mine Subsidence Compensation Act 2017—Active Coal Mines Map published in the Gazette on 8 December 2017.\n> > \n> > authorisation means an authorisation under the [Mining Act 1992](/view/html/inforce/current/act-1992-029).\n> > \n> > mining lease means a mining lease under the [Mining Act 1992](/view/html/inforce/current/act-1992-029).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of “infrastructure”","content":"#### 5 Meaning of “infrastructure”\n\n5 Meaning of “infrastructure”\n\n> For the purposes of the definition of infrastructure in section 4 (1) of the Act, the following buildings and works are prescribed—\n> \n> > (a) bridges,\n> \n> > (b) weirs,\n> \n> > (c) tunnels,\n> \n> > (d) culverts.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Extension of time within which certain claims for compensation must be made","content":"#### 6 Extension of time within which certain claims for compensation must be made\n\n6 Extension of time within which certain claims for compensation must be made\n\n> > (1) For the purposes of section 11 (4) of the Act, a claim for compensation for preventative or mitigative expenses under section 7 (2) (a) of the Act may, if the Chief Executive determines that special circumstances exist, be made within 6 months after the expense to which the claim relates became known to the claimant.\n> \n> > (2) For the purposes of section 11 (5) of the Act, a claim for compensation for damage under section 7 (2) (b) of the Act incurred as a result of the exercise by the Chief Executive of powers under section 29 of the Act may, if the Chief Executive determines that special circumstances exist, be made within 6 months after the damage to which the claim relates became known to the claimant.\n> \n> Note.\n> \n> The following are examples of special circumstances—\n> \n> > (a) if the claimant was absent on an extended period of travel during the initial 3 month period,\n> \n> > (b) if the claimant has experienced illness or death in their immediate family during the initial 3 month period,\n> \n> > (c) if the claimant has suffered from a mental incapacity during the initial 3 month period.","sortOrder":5},{"sectionNumber":"6A","sectionType":"section","heading":"Mine subsidence districts","content":"#### 6A Mine subsidence districts\n\n6A Mine subsidence districts\n\n> > (1) For the purposes of section 20 of the Act, an area whose boundaries are shown on a map held in the register of public surveys and having an identifier number specified in Schedule 3 is declared to be the mine subsidence district referred to in Schedule 3 opposite that identifier number.\n> \n> > (2) In this clause, register of public surveys means the register of that name kept under the [Surveying and Spatial Information Act 2002](/view/html/inforce/current/act-2002-083).\n> \n> **cl 6A:** Ins 2018 (509), Sch 2 \\[1\\].","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of “qualified valuer”","content":"#### 7 Meaning of “qualified valuer”\n\n7 Meaning of “qualified valuer”\n\n> For the purposes of the meaning of qualified valuer in section 26 (7) of the Act, the following classes of persons are prescribed—\n> \n> > (a) the members of the Australian Valuers Institute (other than associate or student members),\n> \n> > (b) the members of the Australian Property Institute (other than student or provisional members) who acquired membership in connection with their occupations as valuers,\n> \n> > (c) the persons who hold membership of the Royal Institution of Chartered Surveyors as chartered valuers.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Provision of reports relating to ground movement and subsidence","content":"#### 8 Provision of reports relating to ground movement and subsidence\n\n8 Provision of reports relating to ground movement and subsidence\n\n> The proprietor of an active coal mine must, at such times as are determined by the Chief Executive and notified to the proprietor, provide the Chief Executive with reports in relation to the coal mine, in the manner and form approved by the Chief Executive, on the following matters—\n> \n> > (a) ground movement,\n> \n> > (b) surveying data that indicates whether any subsidence is ongoing or complete.\n> \n> Maximum penalty—10 penalty units.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Delegation","content":"#### 9 Delegation\n\n9 Delegation\n\n> For the purposes of section 52 (1) (b) of the Act, the Secretary may delegate functions under the Act to a person who is a retired Supreme Court, Land and Environment Court or District Court judge.\n> \n> **cl 9:** Am 2018 (182), Sch 1 \\[1\\].","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Contributions under section 33","content":"#### 10 Contributions under section 33\n\n10 Contributions under section 33\n\n> > (1) For the purposes of section 33 of the Act, the Chief Executive may, by notice in writing given to the proprietor of a coal mine specified in Column 1 of Schedule 2, levy the amount (if any) specified in Column 2 of that Schedule opposite that coal mine as a contribution payable to the Coal Mine Subsidence Compensation Fund.\n> \n> > (2) A contribution levied by the Chief Executive is due and payable within 28 days of receipt of the notice referred to in subsection (1).\n> \n> > (3) For any calendar year, the Chief Executive must not levy more than 1 contribution in respect of a particular coal mine.\n> \n> **cl 10:** Ins 2018 (182), Sch 1 \\[2\\]. Subst 2019 (278), Sch 2 \\[1\\]. Am 2020 (274), Sch 1\\[1\\].","sortOrder":10},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 1 Penalty notice offences\n\nSchedule 1 Penalty notice offences\n\nFor the purposes of section 57 of the Act—\n\n> (a) each offence specified in this Schedule is an offence for which a penalty notice may be issued, and\n\n> (b) the amount payable under any such penalty notice is the amount specified in this Schedule for the offence.\n\n| Column 1 | Column 2 | Column 3 |\n| Provision | Penalty for an individual | Penalty for a corporation |\n| Offences under the Act |\n| Section 15 (6) | $1,250 | $2,500 |\n| Section 21 (1) and (2) | $750 | $1,500 |\n| Section 27 (2) | $2,500 | $5,000 |\n| Section 50 (2) | $750 | $1,500 |\n| Offences under this Regulation |\n| Clause 8 | $500 | $1,000 |","sortOrder":11},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Coal Mine Subsidence Compensation Fund Contributions","content":"# Schedule 2 Coal Mine Subsidence Compensation Fund Contributions\n\nSchedule 2 Coal Mine Subsidence Compensation Fund Contributions\n\nclause 10\n\n| Coal mine | Contribution |\n| Abel | — |\n| Airly | $158,109.94 |\n| Angus Place | — |\n| Appin | $751,847.77 |\n| Ashton | $153,395.32 |\n| Austar | — |\n| Avondale | — |\n| Awaba | — |\n| Baal Bone | — |\n| Bargo | — |\n| Bengalla | $1,729,674.20 |\n| Berrima | — |\n| Blandford Project | — |\n| Bloomfield | $79,244.10 |\n| Blue Mountains | — |\n| Boggabri | $1,302,771.54 |\n| Chain Valley | $266,872.18 |\n| Charbon | — |\n| Clarence | $288,280.76 |\n| Cordeaux | — |\n| Cullen Valley | $33,156.51 |\n| Cumnock No 1 | $1,655,138.10 |\n| Dartbrook — Anglo | — |\n| Dendrobium | $522,001.66 |\n| Donaldson Coal | — |\n| Drayton | — |\n| Duralie | — |\n| Elouera | — |\n| Enhance | — |\n| Glennies Creek (HVCC) | $312,201.49 |\n| Gunnedah (NAMOI) | — |\n| Hill Top No 2 | — |\n| Hunter Valley Operations | $2,051,277.01 |\n| Huntley - Heritage | — |\n| Invincible - Shoalhaven Coal Pty Ltd | — |\n| Ivanhoe | — |\n| Kandos | — |\n| Lambton | — |\n| Liddell | $176,042.50 |\n| Mandalong | $364,293.94 |\n| Mangoola | $1,526,251.35 |\n| Mannering | — |\n| Maules Creek | $1,560,689.80 |\n| Maxwell Infrastructure | $19,495.83 |\n| Metropolitan | $544,755.68 |\n| Mitchells Flat | — |\n| Moolarben | $3,666,691.02 |\n| Mount Owen | $974,177.88 |\n| Mount Thorley | $1,422,974.75 |\n| Mount Thorley Warkworth Operations | $565,235.85 |\n| Mt Arthur | $2,683,950.84 |\n| Mt Pleasant | $1,323,027.59 |\n| Munmorah | — |\n| Muswellbrook | — |\n| Myuna | $263,313.39 |\n| Narrabri | $1,055,711.63 |\n| Nattai | — |\n| Neubecks Creek | — |\n| New Wallsend No 2 | — |\n| Newstan | — |\n| Northern | — |\n| Preston Extended | — |\n| Ravensworth Operations | — |\n| Ravensworth Underground | — |\n| Ravensworth West Colliery | — |\n| Rix’s Creek | $292,890.62 |\n| Rocglen Open Cut | — |\n| Russell Vale | $78,705.34 |\n| Sandy Creek | — |\n| Saxonvale | — |\n| Saxonvale Open Cut / Beltana No 1 | $1,210,434.45 |\n| South Bulga Underground | — |\n| Springvale | $595,309.03 |\n| Stratford | $83,134.52 |\n| Sunnyside | — |\n| Tahmoor | $412,338.66 |\n| Tarrawonga | $301,950.21 |\n| Tasman | — |\n| Tower | — |\n| Ulan | $2,935,532.79 |\n| United | — |\n| United Wambo Joint Venture—Glencore | $441,598.97 |\n| United Wambo Joint Venture—Peabody | $432,206.85 |\n| Vickery Colliery | $14,227.17 |\n| Wallarah | — |\n| Wallerawang | — |\n| Wambo | $307,509.37 |\n| Warkworth | — |\n| Werris Creek No 2 | $271,851.49 |\n| West Cliff | — |\n| West Wallsend | — |\n| Westside Open Cut | — |\n| Westside (Teralba) | — |\n| Whitehaven | — |\n| Wilpinjong | $1,927,727.90 |\n| Wongawilli | — |\n\n**sch 2:** Subst 2018 (182), Sch 1 \\[3\\]; 2019 (278), Sch 2 \\[2\\]. Am 2020 (274), Sch 1\\[2\\]; 2021 (210), Sch 1; 2022 (301), Sch 1. Subst 2023 (341), Sch 1; 2024 (216), Sch 1; 2025 (210), Sch 1.","sortOrder":12},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Mine subsidence districts","content":"# Schedule 3 Mine subsidence districts\n\nSchedule 3 Mine subsidence districts\n\n(Clause 6A)\n\n| Mine subsidence district | Map identifier number |\n| Branxton Mine Subsidence District | PP5229 |\n\nNote.\n\nAreas proclaimed by the [Mine Subsidence Compensation (Mine Subsidence Districts) Proclamation 2017](/view/pdf/asmade/sl-2017-260) to be mine subsidence districts under the [Mine Subsidence Compensation Act 1961](/view/html/repealed/current/act-1961-022) immediately before its repeal are taken to be mine subsidence districts under the [Coal Mine Subsidence Compensation Act 2017](/view/html/inforce/current/act-2017-037)—see clause 8 of Schedule 1 to the Act.\n\n**sch 3:** Ins 2018 (182), Sch 1 \\[3\\]. Subst 2018 (509), Sch 2 \\[2\\].","sortOrder":13}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation appears to maintain its original scope as a machinery provision supporting the Coal Mine Subsidence Compensation Act 2017. While Schedule 2 has been repeatedly updated with new contribution amounts (7 amendments since 2018), this represents administrative updating of scheduled amounts rather than expansion of the Regulation's substantive scope. The addition of clause 6A and Schedule 3 for mine subsidence districts was part of the original regulatory framework anticipated by the Act."},"complexity_factors":["Heavy reliance on external documents (Active Coal Mines Map, register of public surveys, multiple amending instruments)","Multiple cross-references to the parent Act (Coal Mine Subsidence Compensation Act 2017) and other legislation (Mining Act 1992, Surveying and Spatial Information Act 2002)","Nested conditional logic in clause 4 regarding active coal mine status (exclusions and inclusions based on map hatching)","Schedule 2 contains 77 specific coal mines with individual contribution amounts, updated through 7 separate amendment cycles (2018-2025)","Temporal complexity with multiple commencement and amendment notes creating version control challenges","Dual penalty structure (individual vs corporation) across 5 offence categories"],"plain_english_summary":"This Regulation sets out the operational details for how the Coal Mine Subsidence Compensation Act 2017 works in practice. It deals with compensation for damage caused by underground coal mining in New South Wales.\n\n**What it does:**\n- **Defines key terms** like \"active coal mine\" (using a specific map to show which mines are currently operating versus historically inactive) and \"infrastructure\" (including bridges, weirs, tunnels and culverts).\n- **Sets time limits** for claiming compensation — normally 3 months, but extended to 6 months in special circumstances (like extended travel, family illness, or mental incapacity).\n- **Lists specific mine subsidence districts** — geographic areas where special compensation rules apply.\n- **Specifies who can value damaged property** — only qualified valuers from recognised professional bodies (Australian Valuers Institute, Australian Property Institute, or Royal Institution of Chartered Surveyors).\n- **Requires mine owners to report** on ground movement and subsidence to the Chief Executive.\n- **Allows delegation** of decision-making powers to retired judges.\n- **Sets penalty amounts** for offences, with higher fines for companies than individuals.\n- **Schedules annual contributions** that specific coal mines must pay into the compensation fund — ranging from zero to over $3.6 million per mine depending on the mine listed.\n\n**Who it affects:**\n- Coal mine owners and operators (who must pay contributions and report data)\n- Property owners in mine subsidence districts seeking compensation for damage\n- The Chief Executive and government administrators handling claims\n\n**Why it matters:**\nUnderground coal mining can cause ground to sink or shift, damaging homes, farms and infrastructure. This Regulation ensures there's a clear, funded system to compensate affected property owners and prevent damage before it happens, while making sure active mines pay their share into the compensation fund."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Regulation operationalises and clarifies the Act’s scope rather than expanding it. It prescribes how the Act’s terms apply in practice (which holdings are ‘active’ via the Active Coal Mines Map—cl 4; what structures are ‘infrastructure’—cl 5), declares mine subsidence districts (cl 6A), sets reporting duties and penalties (cl 8; Schedule 1), provides limited extension discretion for claim time limits (cl 6), and fixes contribution amounts and timing (cl 10 and Schedule 2). These are implementation details, not substantive broadening of eligibility or liability."},"complexity_factors":["Extensive cross‑references to the Act and other statutes (Interpretation Act 1987, Mining Act 1992, Surveying and Spatial Information Act 2002) increasing interpretative dependencies","Dependence on external geographic instruments (Active Coal Mines Map; register of public surveys) to determine legal status of land","Administrative discretion vested in the Chief Executive (report timing, claim‑time extensions, levy notices) requiring policy and factual assessments","Detailed, numerically specified and periodically amended Schedule of contributions (Schedule 2) with provenance notes","Multiple prescribed definitions (e.g. qualified valuer classes) that link to professional membership criteria","Penalty notice framework tying multiple offences across the Act and Regulation to fixed monetary amounts","Delegation provision allowing unusual delegation to retired judges (potentially affecting decision‑maker selection and practice)","Interaction between prescription (lists/maps/schedules) and case‑by‑case administrative determinations creates mixed rule/standard regime"],"plain_english_summary":"This Regulation fills in practical details under the Coal Mine Subsidence Compensation Act: it spells out which coal holdings count as “active” (via the Active Coal Mines Map), prescribes what counts as infrastructure (bridges, weirs, tunnels, culverts), sets reporting duties and penalties, allows limited time‑extension discretion for claims, and lists specified annual contributions to the Compensation Fund. Mine proprietors must provide ground‑movement reports and may be required to pay the Schedule 2 contributions; the Chief Executive sets reporting times, levies and claim extensions, and the Secretary may delegate functions to retired judges."},"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":4,"scope_assessment":{"changed":true,"description":"The regulation has been amended at least 9 times since its commencement in December 2017, suggesting its scope or detailed rules have evolved — likely reflecting changes to compensation amounts, eligible property types, claim procedures, or the administrative body involved. However, without access to the actual substantive text of the regulation or its amendment history, the precise nature of scope changes cannot be fully determined from the metadata alone."},"complexity_factors":["The document provided contains only metadata, status information, and navigation elements — the actual substantive content of the regulation is not included, limiting full complexity assessment","The underlying subject matter (subsidence compensation claims, valuation of property damage, eligibility criteria) is moderately technical and involves property law, mining law, and compensation assessment principles","Multiple amendments over 9 versions since 2017 mean the current rules may differ significantly from the original, requiring careful version tracking","The regulation operates under and must be read alongside the parent Coal Mine Subsidence Compensation Act, adding a layer of cross-referencing","Automatic repeal provisions under the Subordinate Legislation Act 1989 add a temporal complexity dimension for affected parties planning long-term claims"],"plain_english_summary":"This regulation sets the practical rules for NSW coal mine subsidence claims — how property owners can seek repairs or compensation for land, building or drainage damage caused by underground coal mining. It affects homeowners, farmers, businesses, mining companies and the government body that administers claims.\n\nUpdated multiple times, the current version has been in force since 16 May 2025 and is scheduled to sunset automatically on 1 September 2026."}},"importantCases":[],"_links":{"self":"/api/acts/coal-mine-subsidence-compensation-regulation-2017","history":"/api/acts/coal-mine-subsidence-compensation-regulation-2017/history","analysis":"/api/acts/coal-mine-subsidence-compensation-regulation-2017/analysis","conflicts":"/api/acts/coal-mine-subsidence-compensation-regulation-2017/conflicts","importantCases":"/api/acts/coal-mine-subsidence-compensation-regulation-2017/important-cases","documents":"/api/acts/coal-mine-subsidence-compensation-regulation-2017/documents"}}