{"id":"nsw:act-1990-019","name":"Coal Ownership (Restitution) Act 1990","slug":"coal-ownership-restitution-act-1990","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"19 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106513,"registerId":"nsw-act-1990-019-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 Ownership (Restitution) Act 1990](/view/html/inforce/current/act-1990-019).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act:\n> \n> coal has the same meaning as in the [Coal Acquisition Act 1981](/view/html/inforce/current/act-1981-109).\n> \n> coal to which this Act applies means coal that:\n> \n> > (a) was vested in the Crown by the operation of section 5 of the [Coal Acquisition Act 1981](/view/html/inforce/current/act-1981-109), and\n> \n> > (b) on 1 January 1986, was located in land outside a colliery holding.\n> \n> colliery holding has the same meaning as in the [Mining Act 1992](/view/html/inforce/current/act-1992-029).\n> \n> Compensation Arrangements means the [Coal Acquisition (Compensation) Arrangements 1985](/view/html/inforce/current/sl-1985-0236).\n> \n> Compensation Board means the New South Wales Coal Compensation Board established under the Compensation Arrangements.\n> \n> eligible claimant means a person who has made a claim for compensation in accordance with the Compensation Arrangements and whose claim has been allowed by the Compensation Board, either before or after the commencement of this section, or:\n> \n> > (a) if such a person has died—means the person’s legal personal representative, or\n> \n> > (b) if such a person is a protected person within the meaning of the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049)—means the manager of the person’s estate under that Act, or\n> \n> > (c) if such a person is an insolvent under administration—means the trustee in bankruptcy of the person’s estate, or\n> \n> > (d) if such a person is a minor—means the minor’s next friend, or\n> \n> > (e) if such a person was a body corporate, whether a company or not, which has been dissolved and the property of that body is, by law, vested in a specified person—means that specified person.\n> \n> insolvent under administration means a person who:\n> \n> > (a) under the [Bankruptcy Act 1966](http://www.legislation.gov.au/) of the Commonwealth or the law of an external Territory of the Commonwealth, is a bankrupt in respect of a bankruptcy from which the person has not been discharged, or\n> \n> > (b) under the law of a country other than Australia or the law of an external Territory of the Commonwealth, has the status of an undischarged bankrupt,\n> \n> and includes:\n> \n> > (c) a person who has executed a deed of arrangement under Part X of the [Bankruptcy Act 1966](http://www.legislation.gov.au/) of the Commonwealth, or under the corresponding provisions of the law of an external Territory of the Commonwealth or of the law of a country other than Australia, where the terms of the deed have not been fully complied with, and\n> \n> > (d) a person whose creditors have accepted a composition under Part X of the [Bankruptcy Act 1966](http://www.legislation.gov.au/) of the Commonwealth, or under the corresponding provisions of the law of an external Territory of the Commonwealth or of the law of a country other than Australia, where a final payment has not been made under that composition.\n> \n> **s 3:** Am 1992 No 29, Sch 5; 1997 No 22, Sch 2 \\[1\\]; 2001 No 112, Sch 1.5 \\[1\\]; 2009 No 49, Sch 2.10.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Power of the Minister to grant coal in accordance with this Act","content":"#### 4 Power of the Minister to grant coal in accordance with this Act\n\n4 Power of the Minister to grant coal in accordance with this Act\n\n> > (1) The Minister may, in accordance with this Act, grant to eligible claimants coal to which this Act applies.\n> \n> > (2) The Minister may exercise the power conferred by this section only on the recommendation of the Compensation Board.\n> \n> > (3) Coal granted under this Act is to be granted for an estate in fee simple.\n> \n> > (4) The [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) applies to the disposal of coal under this Act only to the extent (if any) that the regulations provide.\n> \n> **s 4:** Am 2017 No 17, Sch 4.12.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Eligible claimant may apply for restitution of ownership of coal to which this Act applies","content":"#### 5 Eligible claimant may apply for restitution of ownership of coal to which this Act applies\n\n5 Eligible claimant may apply for restitution of ownership of coal to which this Act applies\n\n> > (1) If coal to which this Act applies was, immediately before 1 January 1982, owned by an eligible claimant or a person through whom the claimant claims, the claimant may make an application to the Compensation Board requesting the Board to make a recommendation to the Minister that the ownership of the coal be restored to the claimant.\n> \n> > (2) An application under this section must:\n> > \n> > > (a) be made in the manner and within the period prescribed by the regulations, and\n> > \n> > > (b) contain the information so prescribed, and\n> > \n> > > (c) be accompanied by any documents of a kind so prescribed.\n> \n> > (3) As soon as practicable after such an application is received by the Compensation Board, the Board must inquire into the application and make a report of its findings to the Minister, together with a recommendation as to whether or not the application should be granted.\n> \n> > (4) If:\n> > \n> > > (a) 2 or more eligible claimants have received or would, but for this Act, be entitled to receive compensation under the Compensation Arrangements for or in respect of the same coal, and\n> > \n> > > (b) any of those claimants has made an application under this section,\n> > \n> > the Compensation Board may reject the application.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Eligible claimant must refund compensation","content":"#### 6 Eligible claimant must refund compensation\n\n6 Eligible claimant must refund compensation\n\n> > (1) The Minister must not grant to an eligible claimant coal to which this Act applies unless the claimant has refunded to the Compensation Board any amount of compensation paid to the claimant, or a person through whom the claimant claims, by that Board in respect of the acquisition of the coal by the Crown under the [Coal Acquisition Act 1981](/view/html/inforce/current/act-1981-109).\n> \n> > (2) (Repealed)\n> \n> **s 6:** Am 2001 No 112, Sch 1.5 \\[2\\].","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Decision of Minister not to be questioned except in limited circumstances","content":"#### 7 Decision of Minister not to be questioned except in limited circumstances\n\n7 Decision of Minister not to be questioned except in limited circumstances\n\n> > (1) A decision as to whether or not coal should be granted under this Act is, subject to this Act, in the absolute discretion of the Minister.\n> \n> > (1A) Without limiting subsection (1):\n> > \n> > > (a) nothing in this Act, or any recommendation under this Act, requires the Minister to grant coal to eligible claimants, and\n> > \n> > > (b) in particular, the Minister may refuse to grant coal to an eligible claimant if of the opinion that the Crown would lose significant revenue were the coal to cease to be vested in the Crown.\n> \n> > (2) A court has no jurisdiction to question a decision of the Minister, or a recommendation of the Compensation Board, under this Act, except on the ground of lack of procedural fairness.\n> \n> **s 7:** Am 1997 No 22, Sch 2 \\[2\\].","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Power of the Minister to delegate functions under this Act","content":"#### 8 Power of the Minister to delegate functions under this Act\n\n8 Power of the Minister to delegate functions under this Act\n\n> The Minister may, by instrument in writing, delegate to a specified person or a person holding a specified office any of the Minister’s functions under this Act, other than this power of delegation.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Regulations","content":"#### 9 Regulations\n\n9 Regulations\n\n> > (1) 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.\n> \n> > (2) In particular, the regulations may make provision for or with respect to the following:\n> > \n> > > (a) the information to be provided in applications under this Act and in documents required to accompany those applications,\n> > \n> > > (b) the period within which such applications must be made,\n> > \n> > > (c) the procedure for determining of such applications,\n> > \n> > > (d) the factors to be taken into account in determining such applications.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":null,"content":"#### 10\n\n10 (Repealed)","sortOrder":9}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: providing a mechanism for specific pre-1982 coal owners to seek restitution of coal vested in the Crown by the 1981 Coal Acquisition Act. While amendments have updated statutory cross-references (e.g., replacing repealed Acts with current equivalents like the Crown Land Management Act 2016 and NSW Trustee and Guardian Act 2009), these are mechanical updates rather than substantive expansions. The core scheme—applying only to coal outside colliery holdings as of 1986, requiring compensation refunds, and maintaining Ministerial discretion—has remained unchanged since enactment."},"complexity_factors":["Heavy reliance on external legislation: definitions of 'coal', 'colliery holding', and 'insolvent under administration' are imported from four other Acts (Coal Acquisition Act 1981, Mining Act 1992, Bankruptcy Act 1966, NSW Trustee and Guardian Act 2009)","Nested eligibility criteria: 'eligible claimant' definition includes five separate substitution scenarios (deceased, protected persons, bankrupts, minors, dissolved corporations)","Cross-referenced compensation scheme: operation depends on understanding the separate 'Coal Acquisition (Compensation) Arrangements 1985' and the NSW Coal Compensation Board's prior determinations","Conditional operation: Minister's power is contingent on Board recommendation (s 4(2)), but Minister retains absolute discretion to refuse (s 7(1A))","Temporal limitations: multiple fixed dates create eligibility boundaries (pre-1982 ownership, 1 January 1986 location test, 1981 acquisition date)","Ouster clause: s 7(2) attempts to remove judicial review jurisdiction except for procedural fairness grounds"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a limited scheme to give back ownership of certain coal deposits to people who lost them when the NSW Government compulsorily acquired all coal in the state in 1981.\n\n**Who it affects:**\n\n*   **Eligible claimants:** People who owned specific coal deposits before 1982, received compensation when the government took that coal, and meet strict criteria. This includes their legal representatives if they've died, become bankrupt, or are otherwise unable to act.\n*   **The NSW Coal Compensation Board:** An existing body that assesses claims and recommends whether coal should be handed back.\n*   **The Minister:** Who makes the final decision on whether to return the coal.\n\n**How it works:**\n\n*   The Act only applies to coal that was taken by the government in 1981 **and** was located **outside** existing coal mines (colliery holdings) as of 1 January 1986.\n*   If you were the original owner (or inherited rights from the original owner), you can apply to the Compensation Board asking them to recommend you get your coal back.\n*   **Critical catch:** You must pay back all the compensation you previously received for that coal. No refund, no coal.\n*   The Minister has **absolute discretion** to say no—even if the Board recommends in your favour—and courts generally cannot review these decisions (except for procedural unfairness).\n\n**Why it matters:**\n\nThis is a narrow, one-off \"right of return\" for a specific historical injustice. It recognises that some coal owners might prefer to have their property back rather than keep the compensation money. However, the Minister can block restitution if it would cost the Crown significant revenue, making this a heavily constrained form of property rights restoration."},"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act's scope has been adjusted by later amendments and repeals noted in the source (see amendment notes to s 3: 1992, 1997, 2001, 2009; s 4 amended 2017; s 6 amended 2001; s 7 amended 1997; s 10 repealed 1999). These changes affected definitions, the interaction with the Crown Land Management Act (s 4), the refund/compensation rule (s 6), and the Minister’s decision framework (s 7), altering who qualifies and how the Act is administered."},"complexity_factors":["Ministerial absolute discretion over grants (s 7(1)) creating high decision-making centralisation and review limits (s 7(2))","Requirement that claimants refund compensation to the Compensation Board before a grant (s 6) — direct financial compliance burden on claimants","Mandatory recommendation from the Compensation Board before Minister may act (s 4(2) and s 5(3)) — institutional gatekeeping and coordination costs","Detailed eligibility and cross-references to other instruments and Acts (definitions referencing Coal Acquisition Act 1981, Mining Act 1992, Compensation Arrangements and NSW Trustee and Guardian Act) — interpretive complexity (s 3)","Ability for the Compensation Board to reject competing claims for the same coal (s 5(4)) — procedural complexity and potential for conflicting claimant interests","Power to delegate Ministerial functions (s 8) — diffusion of decision authority and accountability questions","Regulation-making power that can prescribe application form, timing and factors (s 9) — administrative discretion and compliance uncertainty","Commencement by proclamation (s 2) — timing uncertainty for affected parties","Explicit Ministerial refusal ground where Crown would lose significant revenue (s 7(1A)(b)) — introduces fiscal trade-offs into property restitution decisions"],"plain_english_summary":"Mechanically, the Act lets the Minister restore fee-simple ownership of certain coal (those vested in the Crown under the Coal Acquisition Act 1981 and located outside colliery holdings on 1 January 1986) to eligible claimants who previously owned it, subject to repayment of any compensation they received and a recommendation from the NSW Coal Compensation Board. Decisions are made by the Minister with broad discretion, largely immune from court review except for procedural fairness, so the law chiefly affects claimants, the Compensation Board and Crown revenue."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have remained largely consistent with its original 1990 intent — addressing restitution of coal ownership rights following earlier government acquisition. Minor amendments occurred across several versions (1999, 2001, 2009, 2018) but the core purpose does not appear to have materially shifted. The Act is now awaiting repeal rather than expansion."},"complexity_factors":["Requires understanding of historical NSW coal acquisition legislation to contextualise the restitution mechanism","Interplay with multiple related Acts, particularly the Coal Acquisition Act and the Coal Acquisition Legislation Repeal Act 2007","Pending repeal status creates legal uncertainty — the Act remains technically in force but is scheduled for abolition","Specialised subject matter (mineral rights and government compulsory acquisition) unfamiliar to most laypeople","Limited textual content available in this extract makes full analysis of operative provisions impossible"],"plain_english_summary":"The Coal Ownership (Restitution) Act 1990 (NSW) deals with returning or compensating for coal ownership rights the NSW Government previously acquired from private landowners. It mainly affects former landowners with coal rights, mining interests, and the NSW Government’s administering minister.\n\nPractically, it’s now a historical “zombie” law: flagged for repeal by 2007 legislation and only minimally amended since 1990, so it’s unlikely to matter except in old restitution or compensation disputes."}},"importantCases":[],"_links":{"self":"/api/acts/coal-ownership-restitution-act-1990","history":"/api/acts/coal-ownership-restitution-act-1990/history","analysis":"/api/acts/coal-ownership-restitution-act-1990/analysis","conflicts":"/api/acts/coal-ownership-restitution-act-1990/conflicts","importantCases":"/api/acts/coal-ownership-restitution-act-1990/important-cases","documents":"/api/acts/coal-ownership-restitution-act-1990/documents"}}