Coal Ownership (Restitution) Act 1990 (NSW)

Coal Ownership (Restitution) Act 1990 No 19

An Act to provide for the restitution of certain coal acquired by the Crown as a result of the operation of the Coal Acquisition Act 1981 and to provide for related matters.

1 Name of Act This Act may be cited as the Coal Ownership (Restitution) Act 1990.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions In this Act: coal has the same meaning as in the Coal Acquisition Act 1981. coal to which this Act applies means coal that: (a) was vested in the Crown by the operation of section 5 of the Coal Acquisition Act 1981, and (b) on 1 January 1986, was located in land outside a colliery holding. colliery holding has the same meaning as in the Mining Act 1992. Compensation Arrangements means the Coal Acquisition (Compensation) Arrangements 1985. Compensation Board means the New South Wales Coal Compensation Board established under the Compensation Arrangements. eligible claimant means a person who has made a claim for compensation in accordance with the Compensation Arrangements and whose claim has been allowed by the Compensation Board, either before or after the commencement of this section, or: (a) if such a person has died—means the person's legal personal representative, or (b) if such a person is a protected person within the meaning of the NSW Trustee and Guardian Act 2009—means the manager of the person's estate under that Act, or (c) if such a person is an insolvent under administration—means the trustee in bankruptcy of the person's estate, or (d) if such a person is a minor—means the minor's next friend, or (e) if 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 a specified person—means that specified person. 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.