20Power of Compensation Board to determine an increased amount of compensation where coal owner acquired rights to coal on or after 1 November 1975

20 Power of Compensation Board to determine an increased amount of compensation where coal owner acquired rights to coal on or after 1 November 1975

20 Power of Compensation Board to determine an increased amount of compensation where coal owner acquired rights to coal on or after 1 November 1975

(1) Where the Compensation Board:

(a) is satisfied that a claim made under clause 10 or 11 relates to saleable coal the ownership of which was acquired by the claimant for consideration on/or after 1 November 1975, and

(b) is of the opinion that the claimant would suffer substantial hardship or injustice if the compensation were to be calculated in accordance with clause 18,

the Board may, in its discretion, determine that for the purpose of Step 1 in clause 18 (1) the total base compensation for the claim amount be an amount greater than that which would otherwise be calculated in accordance with Step 1 but not greater than the amount of consideration paid by the claimant for the ownership of the coal, less any amount derived by the claimant by virtue of having had ownership of the coal on or after 1 November 1975 and before the base date.

(1A) (Repealed)

(2) Where coal to which subclause (1) applies was situated in land which was the subject of the same transfer, conveyance or other transaction as that by which the coal was acquired and the transfer, conveyance or other transaction did not specify separate prices or values for the coal and for the land in which the coal was situated, the Compensation Board shall, if it is contemplating making a determination under subclause (1), make an assessment of the value that the coal had at the time of the transfer, conveyance or other transaction and that value shall, for the purpose of applying that subclause, be deemed to be the consideration paid by the claimant for the ownership of the coal.

cl 20: Am 29.6.1990; 14.1.1994.