Venn v Mine Subsidence Board [2013] NSWLEC 30

Land and Environment Court New South Wales

Medium Neutral Citation: Venn v Mine Subsidence Board [2013] NSWLEC 30 Hearing dates: 17, 18 March; 6, 7 June; 15, 16 August 2011 Decision date: 15 March 2013 Jurisdiction: Class 3 Before: Craig J Decision: 1. Appeal dismissed 2. Costs reserved 3. Should either party seek an order for costs, the matter is to be listed within the next 14 days by arrangement with my Associate so that directions may be given for the determination of any such application. 4. Exhibits may be returned. Catchwords: APPEAL - compensation for damage to improvements from mine subsidence - whether claims met the requirement of the legislation as having been made within "the prescribed time" - whether decisions as to competence of claims by the Mine Subsidence Board were decisions engaging the right to appeal to the Court - decision in Alinta LGA Ltd v Mine Subsidence Board [2008] HCA 17 applied - whether the appeal was competent - the decision from which time for appeal runs - whether evidence established causal connection between damage claimed and subsidence from coal mining - Mine Subsidence Compensation Act 1981, ss 4, 7A, 12, 12B, 15, 15B - Mine Subsidence Compensation Regulation 2007, cl 6 - Land and Environment Court Rules 2007, r 7.1 Legislation Cited: Civil Procedure Act 2005

Environmental Planning and Assessment Act 1979

Land and Environment Court Act 1979

Land and Environment Court Rules 1996 (now repealed)

Land and Environment Court Rules 2007

Mine Subsidence Compensation Act 1961