6ASpecial provisions relating to compensation

#### 6A Special provisions relating to compensation 6A Special provisions relating to compensation > > (1) Section 6, and any arrangements made under that section, are subject to the provisions of this section. > > > (2) If royalty is to be included in the determination of compensation under section 6 in relation to any claim, the royalty is to be calculated in accordance with the provisions of the [Mining Act 1992](/view/html/inforce/current/act-1992-029) and the [Mining Regulation 2003](/view/html/repealed/current/sl-2003-0587) relating to the payment of royalty, as those provisions were in force immediately before 1 July 2004. > > > (3) Despite subsection (2), the determination of compensation payable under section 6 in relation to any claim must not include an additional amount in respect of royalty under section 283 (1) (b) of the [Mining Act 1992](/view/html/inforce/current/act-1992-029) (or any provision of or made under the former [Coal Mining Act 1973](/view/pdf/asmade/act-1973-81) relating to the payment of additional royalty) unless the Coal Compensation Board considers it appropriate and the amount relates to a period occurring before 1 July 2004. > > > (4) Any additional amount of royalty referred to in subsection (3) is to be calculated in accordance with the provisions of section 283 (1) (b) of the [Mining Act 1992](/view/html/inforce/current/act-1992-029), and the relevant provisions of the [Mining Regulation 2003](/view/html/repealed/current/sl-2003-0587), as in force immediately before 1 July 2004. > > > (5) The determination of compensation payable under section 6 in relation to any claim must not include any amount in respect of any contract or other arrangement that— > > > > > (a) was entered into by an applicant or tenderer for, or the holder of, any lease, licence or other authorisation under the [Coal Mining Act 1973](/view/pdf/asmade/act-1973-81) (as in force before its repeal) or the [Mining Act 1992](/view/html/inforce/current/act-1992-029), and > > > > > (b) was entered into for the purpose of fulfilling a requirement relating to the grant of the lease, licence or other authorisation or a condition of the lease, licence or other authorisation, and > > > > > (c) related to the price at which coal was to be supplied to another party to the contract or arrangement. > > > (6) The provisions of this section extend to any compensation in relation to a claim that has not been finally determined at the commencement of this section, including a claim that is the subject of any appeal, judicial review or redetermination. > > > (7) However, the provisions of this section— > > > > > (a) do not affect any payment of compensation under section 6 made before the commencement of this section if the payment was in respect of a claim that had been finally determined before that commencement, or > > > > > (b) do not entitle any person who has received a payment referred to in paragraph (a) in respect of a claim to any further payment of compensation under section 6 in respect of the claim. > > > (8) The arrangements made under section 6 may (but need not) make provision with respect to the circumstances in which a claim is taken to have been finally determined for the purposes of this section. > > > (9) In this section, a reference to a claim includes a reference to an application. > > **s 6A:** Ins 2005 No 24, Sch 1 \[4\].