NSW COAL COMPENSATION BOARD v NSW COAL COMPENSATION TRIBUNAL and ANOR [1997] NSWCA 231

NSW COAL COMPENSATION BOARD v NSW COAL COMPENSATION TRIBUNAL

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

HANDLEY and STEIN JJA, and GROVE AJA 21-22 April 1997, 29 July 1997

[1997] NSWCA 231

ADMINISTRATIVE LAW — interpretation of Coal Acquisition Act 1981 — whether s5 discharged coal leases. Compensation provisions — whether loss was a 'pecuniary loss' 'directly attributable' to the discharge of the lease.

The NSW Coal Compensation Board refused claims brought by the respondent for compensation for pecuniary loss arising from loss of benefits formerly payable to the respondent by the lessee of coal. The alleged losses arose as a result of the Coal Acquisition Act 198 | (CAA) and cognate legislation which vested coal in the Crown and provided for payment of compensation for losses which were 'directly attributable' to the new legislation. The respondents appealed to the Tribunal which found for the respondent. The Board appealed to the Supreme Court (Administrative Division) which dismissed the appeal and from there to this court.

On appeal, the appellant sought to argue that:

(1) the claims did not arise from the loss of any interest or estate in coal;

(2) the losses were not a 'pecuniary loss' as defined in the Arrangements;

(3) the losses were not 'directly attributable * to the CAA;

(4) if the loss was a pecuniary loss, cl3 of the Arrangements excluded claims by lessees under private leases.

Held:

The respondent's loss was a pecuniary loss which was directly attributable to the CAA.

The claimant's loss is not excluded from recovery by the Arrangements. Central Asbestos Co Ltd V Dodd [1972] All ER 1135. Walsh v Rotter District Council [1978] 1 All ER 510 considered.

Stein JA As the trial judge Hamilton AJ observed, prior to 1981 much of the coal in the State was privately owned. This was despite the general policy of the reservation of minerals to the Crown upon the grant of lands. Coal mining took place, to a large extent, under private agreements between land owners and miners.