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].