NSWIn ForceAct
Coal Mine Subsidence Compensation Act 2017
15Review of claim determinations by Secretary
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#### 15 Review of claim determinations by Secretary
15 Review of claim determinations by Secretary
> > (1) A claimant whose claim for compensation under this Act is wholly or partly disallowed may request the Secretary in writing to review the decision.
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> > (2) A request under this section must be made within 3 months of the decision to disallow the claim.
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> > (3) On receiving a request, the Secretary—
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> > > (a) if the claim is in relation to infrastructure, may—
> > >
> > > > (i) review the claim and may allow or disallow the whole or part of the claim, or
> > >
> > > > (ii) refuse to review the claim, or
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> > > (b) in any other case, is to review the claim and may allow or disallow the whole or part of the claim.
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> > (4) The Secretary must give the following persons notice in writing of the Secretary’s decision as to the claim—
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> > > (a) the claimant for compensation,
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> > > (b) in relation to a claim for compensation in relation to subsidence arising from an active coal mine—the proprietor of the coal mine,
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> > > (c) in any case—the Chief Executive.
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> > (5) A claimant may not request more than one review in respect of any particular claim.
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> > (6) Subject to section 16 (Appeals), a proprietor of a coal mine must give effect to a decision of the Secretary under this section.
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> > Maximum penalty—
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> > > (a) in the case of an individual—590 penalty units, or
> >
> > > (b) in the case of a corporation—1,180 penalty units.
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> Note.
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> Under section 380A of the [Mining Act 1992](/view/html/inforce/current/act-1992-029), decision-makers may take contraventions of this Act into consideration in determining whether a person is a fit and proper person under that Act.
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> **s 15:** Am 2024 No 48, Sch 1\[19\]–\[21\].