Coal Mine Subsidence Compensation Act 2017
14Approved procedures
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14 Approved procedures
14 Approved procedures
(1) The Chief Executive may approve procedures for the determination of claims under this Act.
(2) Without limiting subsection (1), the approved procedures may deal with the following—
(a) the determination of whether subsidence damage was caused by an active or non-active coal mine,
(b) the making, assessment and determination of claims for compensation,
(c) the review of determinations of claims for compensation,
(d) the procedures relating to the assessment of risk of subsidence damage before mining commences on the land,
(e) the assessment of claims for compensation, including processes for the assessment of claims,
(f) the payment of costs, fees and charges, or the prohibition of costs, fees and charges, in connection with the determination of claims for compensation under this Act,
(g) another matter prescribed by the regulations.
(3) The Chief Executive may amend, revoke or replace the approved procedures.
(4) The Chief Executive is—
(a) to consult members of the public and the proprietors of coal mines before the Chief Executive approves, amends or replaces the approved procedures, and
(b) to provide reasonable notice of any amendment to the approved procedures before the amendment takes effect.
(5) Subsection (4) (a) does not apply to an amendment of the approved procedures that, in the opinion of the Chief Executive, is minor or trivial in nature.
(6) The approved procedures may—
(a) adopt the provisions of other publications, whether with or without modification or addition and whether in force at a particular time or from time to time, and
(b) apply generally or be limited in their application by reference to specified exceptions or factors or apply differently according to different factors of a specified kind (or do a combination of those things).
Note.
Under section 380A of the Mining Act 1992, decision-makers may take contraventions of this Act into consideration in determining whether a person is a fit and proper person under that Act.