9Limitation on claims for damage arising out of subsidence

#### 9 Limitation on claims for damage arising out of subsidence 9 Limitation on claims for damage arising out of subsidence > > (1) The amount of compensation for subsidence damage may be reduced in accordance with the approved procedures if— > > > > > (a) the damage is to an improvement, and > > > > > (b) the improvement is constructed or maintained in a negligent or improper way, and > > > > > (c) the damage is greater than it would have been if the improvement had been properly constructed or maintained. > > > (2) Compensation is not payable in relation to— > > > > > (a) improvements or goods used in connection with the carrying on of a coal mining operation that were damaged by subsidence, or > > > > > (b) an expense incurred, or proposed to be incurred, to prevent or mitigate subsidence damage to the improvements or goods referred to in paragraph (a), > > > > if the cause of the subsidence that caused the damage or necessitated the expense was the carrying on of that coal mining operation. > > **s 9:** Am 2024 No 48, Sch 1\[7\] \[8\].