Active coal mine. The Act defines this by reference to colliery holdings and other prescribed mines. This regulation fixes the boundaries by reference to a published map (cl 4). The key nuance is that a colliery holding may be both active and inactive on different portions of its land. The “Active Coal Mines Map” published 8 December 2017 determines which parts are excluded. This matters because liability for subsidence damage and the obligation to pay contributions attaches only to active coal mines.

Mine subsidence district. Under s 20 of the Act, these are areas declared by regulation where subsidence controls (such as requiring approval for development) apply. Clause 6A, read with Schedule 3, declares only the Branxton Mine Subsidence District. However, the note to Schedule 3 explains that areas proclaimed under the repealed 1961 Act are saved and taken to be districts under the 2017 Act. So the map of districts is largely inherited, not created from scratch.

Infrastructure. The Act defines infrastructure but allows the regulation to prescribe additional buildings and works. Clause 5 adds bridges, weirs, tunnels and culverts. These are likely to be publicly or privately owned structures that could suffer subsidence damage. Including them in the definition means they are eligible for compensation under the Act’s schemes, but also may trigger obligations on mine proprietors to prevent damage.

Qualified valuer. Disputes over compensation or land value are resolved by a qualified valuer. Clause 7 sets out the professional bodies whose members qualify. This is an important gatekeeping provision: if a valuer is not from one of these three groups, their valuation may be rejected.

Contribution to the Compensation Fund. Schedule 2 sets annual dollar amounts per mine. The concept is that active coal mines must contribute to the fund from which compensation is paid. The amounts vary dramatically - from zero to over $3.6 million. The regulation does not state the formula for calculating these amounts; they are simply listed and updated each year by amending the schedule. The fund is managed by the Chief Executive.

Special circumstances. For claims made outside the usual three-month window, the Chief Executive may extend to six months if special circumstances exist. The examples given (travel, illness, mental incapacity) suggest a high threshold - not mere oversight or inconvenience. The Chief Executive determines both the existence of special circumstances and the scope of extension.

Mine proprietor reporting. Clause 8 requires proprietors to provide reports on ground movement and subsidence surveying data at times determined and notified by the Chief Executive. The content and format are solely at the Chief Executive’s approval. This is a recurring duty, not a one-off.

The regulation directly affects three groups. Mine proprietors bear the most significant obligations. They must pay contributions to the fund (cl 10, Schedule 2) - amounts that can run into millions of dollars per mine per year. They must also provide reports on ground movement and subsidence at times unilaterally set by the Chief Executive (cl 8). Failure to do so attracts a penalty of 10 penalty units (currently $1,100) under the Act, plus penalty notice amounts under Schedule 1. Proprietors are also affected by the definition of “active coal mine” - if their holding includes historically inactive areas shown on the map, those parts are not active for compensation purposes, meaning they may escape liability for subsidence in those areas.

Landowners and occupants in mine subsidence districts are affected because their rights to compensation depend on the classification of the mine causing the damage. They also benefit from the extended claim period for preventative expenses (cl 6) - they now have six months rather than three if special circumstances apply. The addition of bridges, weirs, tunnels and culverts as “infrastructure” means owners of those structures can claim for subsidence damage. Private landowners may also face entry by the Chief Executive under s 29 of the Act, and cl 6(2) extends the claim period for damage from such entry.

The Chief Executive of the administering body (likely the Department of Regional NSW or similar) is given considerable discretionary power. The Chief Executive determines when reports must be provided, whether special circumstances exist for late claims, levies contributions, and approves the form and manner of reports. The regulation also allows the Secretary (under s 52(1)(b) of the Act) to delegate functions to retired Supreme Court, Land and Environment Court or District Court judges (cl 9). This suggests the dispute resolution or decision review process can be outsourced to experienced judicial officers.

Valuers and professional bodies are affected by cl 7: only members of specified institutes (Australian Valuers Institute, Australian Property Institute, Royal Institution of Chartered Surveyors) who meet the membership criteria are recognised as qualified valuers. This preserves a professional monopoly for these organisations.

Local councils and utility owners may be indirectly affected as owners of bridges, weirs, tunnels and culverts now recognised as compensable infrastructure. They have a new avenue to recover costs from the fund rather than from mine proprietors directly.

Duty to contribute to the Fund. Clause 10 imposes a duty on each proprietor listed in Schedule 2 to pay the contribution levied by notice from the Chief Executive. The duty is time-limited: payment within 28 days of receipt of notice. The Chief Executive may levy only one contribution per calendar year per mine. The amounts are set in Schedule 2 and are periodically amended by regulation - the proprietor has no right of appeal in this regulation.

Duty to provide ground movement reports. Clause 8 obliges the proprietor of an active coal mine to provide reports on ground movement and surveying data indicating whether subsidence is ongoing or complete. The timing is determined and notified by the Chief Executive; the form and manner are approved by the Chief Executive. This is an ongoing duty, not a one-off event. Failure attracts a maximum penalty of 10 penalty units.

Right to extended claim period. Clause 6(1) gives claimants (presumably landowners or others eligible under s 7(2)(a) of the Act) a right to make a claim for preventative or mitigative expenses within six months after the expense became known, if the Chief Executive determines special circumstances exist. Clause 6(2) does the same for claims for damage caused by the Chief Executive exercising emergency powers under s 29. The right is conditional on the Chief Executive’s determination of special circumstances - it is not an automatic right.

Right to use qualified valuers. Under s 26(7) of the Act, valuation disputes must be assessed by a qualified valuer. Clause 7 defines who is qualified. This gives a right to parties to engage any valuer meeting these criteria, but also restricts the pool to those from prescribed professional bodies. It does not create a right to challenge the Chief Executive’s choice of valuer.

Delegated decision-making powers. Clause 9 allows the Secretary to delegate functions to retired superior court judges. This is a right of the Secretary to obtain expertise in decision making, but also a right of affected parties to have matters determined by legally trained persons.

Right to penalty notice process. Schedule 1 prescribes which offences can be dealt with by penalty notice rather than court prosecution. The right to pay a penalty notice to avoid court is available for the listed offences, but the amounts are fixed. For individuals, the range is $500 (failure to provide reports) to $2,500 (offence under s 27(2)). For corporations, $1,000 to $5,000.

The regulation itself creates one offence: clause 8 (failure to provide reports) carries a maximum penalty of 10 penalty units. A penalty unit in NSW is currently $110, so the maximum court-imposed penalty is $1,100. However, the regulation also sets penalty notice amounts for this offence: $500 for an individual, $1,000 for a corporation (Schedule 1, last row). These are lower than the maximum to encourage early payment.

The regulation also prescribes penalty notice amounts for four offences under the Act: s 15(6) (likely relating to failure to provide information or obstructing), s 21(1)-(2) (contravention of mine subsidence district restrictions), s 27(2) (offence relating to entry on land), and s 50(2) (offence relating to dealing with compensation money). The penalty notice amounts are fixed: for individuals, $1,250 (s 15(6)), $750 (s 21), $2,500 (s 27(2)), $750 (s 50(2)). For corporations, double those amounts. These penalties are significantly higher than for the regulatory offence, reflecting the greater seriousness of damaging the compensation fund or ignoring subsidence controls.

Enforcement is by the Chief Executive or the Secretary, or by authorised officers under the Act. The regulation does not create additional inspection or enforcement powers beyond the Act. The penalty notice scheme means minor breaches can be dealt with administratively without court proceedings. For serious breaches, the maximum penalty under the Act applies - the regulation does not change those.

The contribution amount is effectively enforceable as a debt: if unpaid, the Chief Executive can likely recover it in a court or through deductions from future compensation payments. The regulation does not specify a default penalty for late payment beyond the due date.

There is no provision for infringement notices or on-the-spot fines for contribution non-payment; that would require separate legislative authorisation.

The regulation is made under the Coal Mine Subsidence Compensation Act 2017 and primarily operates within that statutory framework. The Act contains definitions and provisions that “affect the interpretation and application of this Regulation” (cl 3 note). So the regulation cannot be read in isolation; the Act’s definitions of “subsidence”, “owner”, “mine”, “compensation” and other terms control.

The regulation interacts with the Mining Act 1992 by referencing “authorisation” and “mining lease” under that Act (cl 4(3)). The Active Coal Mines Map likely follows boundaries from mining leases. Approval processes under the Mining Act may affect whether a mine is considered active for compensation purposes.

The Surveying and Spatial Information Act 2002 governs the register of public surveys, which is the repository for the map identifying mine subsidence districts (cl 6A(2)). This ensures that district boundaries are formally recorded in a public register.

The Interpretation Act 1987 is noted in cl 3(1) as containing interpretive rules. This is standard for NSW regulations.

The regulation preserves transitional arrangements: the note to Schedule 3 states that areas proclaimed under the repealed Mine Subsidence Compensation Act 1961 are continued as mine subsidence districts under the new Act. This means the regulation does not start from scratch; it inherits the prior district boundaries.

The Act’s interaction with the Environmental Planning and Assessment Act 1979 and the Local Government Act 1993 is not mentioned in this regulation, but those laws govern development in mine subsidence districts. Clause 6A merely declares the district; the actual restrictions are in s 21 of the Act, which requires consent for certain development.

For insured parties, the regulation’s compensation provisions may interact with private insurance. The Act (not the regulation) likely prevents double recovery, but the regulation does not address this.

The regulation commenced on 1 January 2018 (cl 2). It has been amended multiple times. The first amendment was by 2018 (182), which inserted cl 9 (delegation), substituted Schedule 2 (contributions) and inserted cl 6A (mine subsidence districts) along with Schedule 3. Then 2018 (509) amended Schedule 3 to add the Branxton district. In 2019 (278), cl 10 (contributions) was substituted, broadening the powers and Schedule 2 was updated. In 2020 (274), amendments were made to cl 10 and Schedule 2. In 2021 (210), Schedule 2 was amended. In 2022 (301), further Schedule 2 amendment. In 2023 (341), Schedule 2 was substituted again. In 2024 (216) and 2025 (210), Schedule 2 was substituted once more.

The pattern is clear: Schedule 2 (contribution amounts) is amended annually or biennially, while the substantive provisions (definitions, extension of time, reporting) have remained largely stable. The most structural change was the addition of cl 6A and Schedule 3 in 2018 to formally declare a mine subsidence district. The delegation clause was added at the same time.

Notably, cl 10 on contributions was substituted in 2019, changing from a fixed list to a hybrid system where the Chief Executive levies by notice, and the schedule provides the amounts. The substitution presumably gave the Chief Executive more discretion over timing and mechanics.

The regulation does not have a sunset or review date stated in the text, but as a regulation under the Act it would generally remain until repealed or the Act is amended.

No cases are cited in the regulation text, and the provided source does not include any judicial decisions. This is unsurprising for a subordinate regulation that has been in force only since 2018. The parent Act (Coal Mine Subsidence Compensation Act 2017) may have been the subject of litigation, but that is outside the text.

The regulation creates only one offence (cl 8) and sets penalty notice amounts. If a penalty notice is challenged, a court would interpret cl 8 and Schedule 1. The definition of “special circumstances” in cl 6 could be judicially considered if the Chief Executive’s refusal to extend time is challenged. Courts typically give weight to executive discretion unless manifestly unreasonable. The examples in the note are not binding but may guide interpretation.

The delegation clause (cl 9) could be litigated if the Secretary delegates to a retired judge and the delegate makes a decision that is challenged for lack of jurisdiction. The validity of the delegation under s 52(1)(b) of the Act may be tested.

The definition of “active coal mine” by reference to a map could be subject to disputes over whether particular land is hatched. This is a factual question, but the regulation does not provide a mechanism for map correction.

Given the high contribution amounts, a mine proprietor might litigate the validity of a contribution levy, arguing that the levy was not made in accordance with the regulation (e.g., more than one levy per year, or the proprietor is not listed). However, the regulation itself provides no internal appeal; any challenge would be under administrative law.

Overall, the litigation history under this specific regulation is likely sparse. Most disputes probably arise under the Act rather than the regulation.

Several features of the regulation could catch practitioners by surprise. First, the definition of “active coal mine” creates two categories: colliery holdings with historically inactive areas shown on the map are partially excluded, but the same mine is prescribed as active for the non-hatched areas. This means a single mine is both active and inactive for different parts, complicating liability. A proprietor may assume the entire mine is inactive if a large area is hatched, but the non-hatched portion continues to generate obligations and compensation claims.

Second, the “special circumstances” extension in cl 6 is entirely at the Chief Executive’s discretion. The examples in the note (travel, illness, death, mental incapacity) are not exhaustive, but the Chief Executive could easily refuse extension for other reasons. A claimant who misses the three-month window by even one day must rely on the Chief Executive’s goodwill; there is no automatic grace period.

Third, the reporting duty under cl 8 places no limit on how often or how many reports the Chief Executive can demand. The Chief Executive determines the times and notifies them; there is no maximum frequency. This could impose a significant compliance burden on proprietors, especially if multiple reports are required per year, and the form and content are solely at the Chief Executive’s approval. The penalty for non-compliance is modest, but repeated demands could be costly.

Fourth, the delegation to retired judges (cl 9) might create a perception of bias or lack of transparency, as retired judges are not subject to the same code of conduct as current judges. Their decisions are not automatically reviewable on merits.

Fifth, the contribution amounts in Schedule 2 are updated annually, but the regulation does not disclose the methodology. A proprietor might budget expecting a zero contribution (dash) only to find a large figure in the next amendment. The list includes many mines with dashes, which may indicate no contribution for that year, but there is no guarantee it will remain zero.

Sixth, the definition of “qualified valuer” excludes many experienced valuers who are not members of the specified institutes. If a party uses a non-qualified valuer, their valuation report may be disregarded, causing delay and expense.

Seventh, the map defining active coal mines is fixed as at 8 December 2017 (cl 4(3)). If mining activities change after that date, the map may be outdated. There is no provision in the regulation for updating the map. This creates a risk of incorrect classification.

Compliance steps depend on the entity’s role. For a mine proprietor, the most immediate obligation is to pay contributions levied under cl 10. The proprietor should ensure that the Chief Executive’s notice is received and the amount paid within 28 days. Only one contribution per calendar year is permitted, so if a second notice arrives, it should be challenged. The amounts in Schedule 2 change yearly; the proprietor should monitor amendments to the regulation. If a mine is listed with a dash, no payment is due for that year, but this may change.

Second, the proprietor must comply with cl 8 reporting obligations. The Chief Executive must notify the proprietor of the times for providing reports on ground movement and subsidence surveying data. The proprietor must then prepare reports in the form approved by the Chief Executive. There is no minimum interval; the Chief Executive may request quarterly, monthly, or ad hoc reports. The proprietor should maintain a system to capture ground movement and surveying data continuously. The content is at the Chief Executive’s discretion, but likely includes GPS or InSAR data, subsidence benchmarks, and statements on whether subsidence is ongoing. The report must be in the approved form - a standard template may be provided. Non-compliance risks a penalty unit fine or a $500 penalty notice.

Third, any party making a claim for preventative expenses or damage from the Chief Executive’s entry should note the time limit. The default is three months under s 11 of the Act. To use the extension under cl 6, the claimant must apply to the Chief Executive for a determination that special circumstances exist. The application should be made as soon as possible after the expense or damage becomes known, and certainly within six months. Evidence of special circumstances - travel documents, medical certificates, death certificates - should be provided. The Chief Executive’s decision is discretionary; if refused, the claimant must challenge under judicial review.

Fourth, for valuation disputes, only valuers from the Australian Valuers Institute (non-associate/student), Australian Property Institute (non-student/provisional, with membership gained as valuers), or Royal Institution of Chartered Surveyors (chartered valuers) should be engaged. Any valuation report from other valuers is likely to be rejected.

Fifth, if a mine proprietor or individual receives a penalty notice for one of the scheduled offences, they can pay the specified amount to avoid court. The amounts are fixed; no discount for early payment. For cl 8 offences, the penalty notice amount is $500 (individual) or $1,000 (corporation). For s 27(2) offences, it is $2,500/$5,000. Payment should be made to the Chief Executive or as directed.

Sixth, proprietors should verify whether their mine has any part shown hatched red on the Active Coal Mines Map. If it does, that part is excluded from the definition of “active coal mine” for the Act, but the remainder is included. This affects liability for subsidence damage and contribution obligations. The map is fixed at December 2017, but if the mine has since expanded, the regulation does not account for that - the proprietor may need to request an amendment or rely on the Act’s definition.

Finally, any delegation of functions by the Secretary to a retired judge should be formally noted. Parties appearing before such a delegate should be aware that they are not current judicial officers and do not have the same protections. The delegate’s decision must be made within the Act’s parameters; if exceeded, it may be challenged.