4Definitions

#### 4 Definitions 4 Definitions > > (1) In this Act— > > > > active coal mine means the following— > > > > > (a) a colliery holding registered in accordance with section 163 of the [Mining Act 1992](/view/html/inforce/current/act-1992-029) for which a mining lease or other authorisation is in force that authorises mining for coal or the carrying out of mining purposes in connection with the mining of coal, > > > > > (b) a coal mine prescribed by the regulations, > > > > but does not include a coal mine excluded from this definition by the regulations. > > > > approved procedures—see section 14. > > > > assessment report—see section 11A(1)(b). > > > > authorised officer—see section 36. > > > > Chief Executive means the person employed in the Public Service as the Chief Executive of Subsidence Advisory NSW. > > > > coal mine means a place where mining for coal is occurring or has occurred. > > > > Department means the Department of Customer Service. > > > > function includes a power, authority or duty, and exercise a function includes perform a duty. > > > > Fund means the Coal Mine Subsidence Compensation Fund. > > > > goods means any moveable personal property, but does not include motor vehicles, boats or aircraft or any other thing prescribed by the regulations. > > > > Note. > > > > For example, goods can include carpets, curtains, furniture, electrical appliances, musical instruments, computers or power tools. > > > > improvement includes the following— > > > > > (a) any building or work erected or constructed on land, > > > > > (b) infrastructure, whether above or below the surface of the land. > > > > infrastructure includes (without limitation) railways, roads, electricity transmission or distribution networks, pipelines, ports, wharf or boating facilities, telecommunications, sewerage systems, stormwater management systems, water supply systems, waterway or foreshore management activities, flood mitigation works, public parks or reserves management, soil conservation works or other buildings or works prescribed by the regulations. > > > > mine subsidence district means an area declared under section 20. > > > > mining operations has the same meaning as in the [Mining Act 1992](/view/html/inforce/current/act-1992-029). > > > > non-active coal mine means a coal mine other than an active coal mine. > > > > pre-mining inspection—see section 31A(1). > > > > proprietor, in relation to a coal mine, means a person who is the immediate owner, lessee or occupier of the coal mine (or of any part of the coal mine), and includes the following— > > > > > (a) any contractor for the working of the coal mine (or any part of the coal mine), > > > > > (b) if the proprietor is a corporation—any related body corporate of that corporation, > > > > but does not include a person— > > > > > (c) who merely receives a royalty, rent or fine from a coal mine, or > > > > > (d) who is merely the proprietor of a coal mine, subject to any lease, grant, or licence for the working of the coal mine, or > > > > > (e) who is merely the owner of the soil, but is not interested in the minerals of the coal mine. > > > > related body corporate has the same meaning as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth. > > > > Secretary means the Secretary of the Department. > > > > subdivide and subdivision mean the dividing of land into parts, whether the dividing is— > > > > > (a) by sale, conveyance, transfer or partition, or > > > > > (b) by any agreement, dealing or instrument (other than a lease for a period not exceeding 5 years without option of renewal) rendering different parts of the land immediately available for separate occupation or disposition, > > > > > (c) (Repealed) > > > > but does not include any severance of land by the opening of a public road. > > > > subsidence means subsidence due to the extraction of coal, and includes all vibrations or other movements of the ground related to any such extraction (whether or not the movements result in actual subsidence), but does not include vibrations or other movements of the ground that are due to blasting operations in an open cut mine and that do not result in actual subsidence. > > > > subsidence damage means damage arising from subsidence. > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) Notes included in this Act do not form part of this Act. > > **s 4:** Am 2021 No 10, Sch 3.4\[1\] \[2\]; 2022 No 59, Sch 3.11; 2024 No 48, Sch 1\[2\].