11Claims for compensation by former coal owners who are not holders of relevant colliery holdings

11 Claims for compensation by former coal owners who are not holders of relevant colliery holdings

11 Claims for compensation by former coal owners who are not holders of relevant colliery holdings

(1) A claim for compensation by a person eligible to claim by virtue of clause 9 (1) shall, where the saleable coal that is the subject of the claim is or was, on or after the base date, within a colliery holding of which the claimant is not the registered holder:

(a) be made in writing in a form provided or approved by the Compensation Board for the purposes of this clause,

(b) contain or be accompanied by the particulars specified in clause 10 (2) (a)–(e) unless those particulars are not known to, and cannot reasonably be ascertained by, the claimant or those particulars have been provided to the Board by the registered holder of the colliery holding,

(c) be accompanied by:

(i) the documents specified in clause 10 (3) unless those documents are not in the possession of and cannot reasonably be obtained by the claimant or those documents have been provided to the Board by the registered holder of the colliery holding, and

(ii) a copy of the lease, agreement or other instrument (not being a coal lease granted under the Coal Mining Act 1973) in force immediately before the base date providing for the payment of a royalty, return or other consideration in respect of the coal to which the claim relates, and

(d) be lodged with the Compensation Board before 30 June 1994.

(2) Notwithstanding subclause (1), the particulars referred to in subclause (1) (b) and the documents referred to in subclause (1) (c) may be provided or lodged after the time by which the claim is required by subclause (1) to be lodged with the Compensation Board but a claim for compensation made under that subclause shall not be entertained by the Board unless those particulars are provided, and those documents are lodged, before the expiration of 6 months after that time or within such further period as the Board may in any particular case allow.

(3) Notwithstanding subclause (1), the Compensation Board may entertain a claim for compensation lodged after 29 June 1994 by a person referred to in that subclause, but only if the claim was lodged with the Compensation Board on or before 7 July 1994 and otherwise complies with this clause.