Coal Acquisition (Compensation) Arrangements 1985 (1985-236) (NSW)

Coal Acquisition (Compensation) Arrangements 1985

Part 1 Preliminary

1 Name of instrument This instrument may be cited as the Coal Acquisition (Compensation) Arrangements 1985.

2 Commencement This instrument shall take effect on the day after the day on which it is published in the Gazette.

3 Definitions (1) In this instrument, except in so far as the context or subject-matter otherwise indicates or requires: applicant means an applicant for compensation under the 1997 Compensation Arrangements. application means an application for compensation under the 1997 Compensation Arrangements. base date means the date on which coal vested in the Crown pursuant to section 5 of the Coal Acquisition Act 1981. claim means a claim made under clause 10, 11 or 12 or purportedly made under clause 12 (as referred to in clause 9A (1) (b)). claimant means a person who has made a claim or: (a) where such a person has died—means the person's legal personal representative, (b) where such a person becomes a protected person or an incapable person within the meaning of the Mental Health Act 1958—means the committee or manager of the person's estate, (c) where such a person becomes an insolvent under administration—means the trustee in bankruptcy of the person's estate, (d) where such a person is the next friend of a minor who has, since the claim was made, attained the age of 18 years—means the second mentioned person, or (e) where such a person was a body corporate, whether a company or not, which has been dissolved and the property of that body is, by law, vested in the National Companies and Securities Commission—means that Commission. coal has the meaning ascribed to that expression by the Coal Acquisition Act 1981. Coal Compensation Board funds means funds appropriated by Parliament from time to time for the purposes of the payment of compensation under these arrangements. colliery holding has the meaning ascribed to that expression by the Coal Mining Act 1973. Compensation Board or the Board means the New South Wales Coal Compensation Board established under this instrument. Compensation Review Tribunal or the Tribunal means the New South Wales Coal Compensation Review Tribunal established under this instrument. eligible person means a person who is eligible to make a claim for compensation under this instrument by virtue of clause 9 or: (a) where such a person has died—means the person's legal personal representative, (b) where such a person is a protected person or an incapable person within the meaning of the Mental Health Act 1958—means the committee or manager of the person's estate, (c) where such a person is an insolvent under administration—means the trustee in bankruptcy of the person's estate, (d) where such a person is a minor—means the minor's next friend, or (e) where such a person was a body corporate, whether a company or not, which has been dissolved and the property of that body is, by law, vested in the National Companies and Securities Commission—means that Commission. insolvent under administration means a person who: (a) under the Bankruptcy Act 1966 of the Commonwealth or the law of an external Territory of the Commonwealth, is a bankrupt in respect of a bankruptcy from which the person has not been discharged, or (b) under the law of a country other than Australia or the law of an external Territory of the Commonwealth, has the status of an undischarged bankrupt, and includes: (c) a person who has executed a deed of arrangement under Part X of the Bankruptcy Act 1966 of the Commonwealth, or under the corresponding provisions of the law of an external Territory of the Commonwealth or of the law of a country other than Australia, where the terms of the deed have not been fully complied with, and (d) a person whose creditors have accepted a composition under Part X of the Bankruptcy Act 1966 of the Commonwealth, or under the corresponding provisions of the law of an external Territory of the Commonwealth or of the law of a country other than Australia, where a final payment has not been made under that composition. interim payment of compensation means an interim payment of compensation made under clause 17A. median date means: (a) in relation to the first relevant period, 1 April 1982, and (b) in relation to a subsequent relevant period, 1 January that falls within that period. Minister means the Minister of the Crown in right of New South Wales who is for the time being administering the Coal Acquisition Act 1981. Parliament means the Parliament of New South Wales. pecuniary loss, in relation to a claim made under clause 12, does not include any loss which is attributable to a liability to pay royalties to the Crown in respect of coal which is extracted from a colliery holding on or after the base date. registered holder has the meaning ascribed to that expression by the Coal Mining Act 1973. relevant period means the period of 6 months beginning with 1 January 1982, or a subsequent period of 12 months beginning with 1 July. saleable coal means coal which is or has been extracted for sale or disposal or which might reasonably be expected to be extracted for sale or disposal. 1997 Compensation Arrangements means the Coal Acquisition (Re-acquisition Arrangements) Order 1997. (2) In this instrument: (a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. (3) In this instrument, a reference to saleable coal within a colliery holding is a reference to all saleable coal which: (a) on 1 January 1986 is in a natural state on or below the surface of any land within a colliery holding, or (b) has, since the base date and before 1 January 1986, been extracted from within a colliery holding. (4) In a case where the amount of a claim relating to a deceased person's estate does not exceed $5,000, a reference in the definitions of claimant and eligible person in subclause (1) to the legal personal representative of a deceased person includes a reference to a person who satisfies the Compensation Board that the person is entitled to obtain administration of that estate in New South Wales but has not exercised that entitlement.