Coal Acquisition Act 1981 (NSW)

Coal Acquisition Act 1981 No 109

An Act to vest all coal in the Crown, and to provide for the revesting in the Crown of certain coal granted to eligible claimants under the Coal Ownership (Restitution) Act 1990.

1 Name of Act This Act may be cited as the Coal Acquisition Act 1981.

2 Commencement (1) This section and section 1 shall commence on the date of assent to this Act. (2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 Definitions In this Act— appointed day means the day appointed and notified under section 2 (2). coal means coal within the meaning of the Mining Act 1992 that is in a natural state on or below the surface of any land to which the legislative power of the State extends. Coal Compensation Board means the New South Wales Coal Compensation Board established under the Coal Acquisition (Compensation) Arrangements 1985. relevant proceedings means proceedings held in accordance with arrangements made under section 6 for the purpose of determining a case to which subsection (1) of that section applies, and includes the hearing of an appeal from original proceedings held for that purpose.

4 Effect of other Acts etc This Act has effect notwithstanding— (a) any other Act or law, (b) anything in any grant, lease, licence or other instrument of title or tenure, or (c) anything in any other instrument or document in force, issued or executed before, on or after the appointed day.

5 Vesting of coal in the Crown (1) All coal that, but for this Act, would be vested in— (a) an instrumentality or agency of the Crown, or (b) any person other than the Crown, is vested in the Crown freed and discharged from all trusts, leases, licences, obligations, estates, interests and contracts. (2) This section does not apply to coal granted under the Coal Ownership (Restitution) Act 1990. (3) The reference in subsection (1) to leases does not include, and is to be taken never to have included, a reference to coal leases within the meaning of the Coal Mining Act 1973. (4) The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.