NSW Evacuation Powers for the Chief Executive During Land Subsidence

Coal Mine Subsidence Compensation Amendment Bill 2024

Legislative Assembly

Legislative Council

Assent

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Effects of this bill

If this bill passes, it means that:

The Chief Executive can evacuate people from land; they must arrange temporary accommodation for those moved.
This power applies if the Chief Executive believes land subsidence may endanger the public.
Owners can only claim compensation for expenses to prevent or mitigate subsidence damage if the improvements or goods already exist.

The Debate

What different members said when this bill was debated:

Scott Farlow LIB

“I lead for the Opposition in debate on the Coal Mine Subsidence Compensation Amendment Bill 2024 on behalf of the shadow Minister for Fair Trading, Work Health and Safety and Building, and now shadow Minister for Small Business in the other place, Tim James, the member for Willoughby. The Liberals and The Nationals will support the bill.”

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Cate Faehrmann GRN

“I speak on behalf of The Greens in support of the Coal Mining Subsidence Compensation Amendment Bill 2024. Mine subsidence is the movement of ground that can occur as a result of underground coalmining, causing damage to buildings and structures. It is just another in a long list of reasons why coalmining is incredibly damaging.”

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Amanda Cohn GRN

“I add to the excellent contribution of The Greens spokesperson for mining, coal and gas, Ms Cate Faehrmann. The Coal Mine Subsidence Compensation Amendment Bill 2024 implements the nine recommendations of the statutory review of the Coal Mine Subsidence Compensation Act 2017, which took place in 2022 and 2023.”

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Emily Suvaal ALP

“I speak in support of the Coal Mine Subsidence Compensation Amendment Bill 2024. In some parts of New South Wales—including where I live in Cessnock, in the Hunter Valley—residents face the impacts of mine subsidence damage to their homes and to their rentals. Subsidence damage can range from cracking in the walls and jammed doors to more significant structural issues.”

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Stephen Lawrence ALP

“I speak in strong support of the Coal Mine Subsidence Compensation Amendment Bill 2024. I commend the Minister for Better Regulation and Fair Trading for bringing the bill to the Parliament. I also acknowledge the efforts of the Parliamentary Secretary. The bill before the House makes a number of critical reforms to the current compensation scheme for subsidence damage.”

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Mark Buttigieg ALP

“I acknowledge members who made contributions in support of the bill: the Hon. Scott Farlow, Ms Cate Faehrmann, Dr Amanda Cohn, the Hon. Emily Suvaal and the Hon. Stephen Lawrence. The Coal Mine Subsidence Compensation Amendment Bill 2024 is a good reform from a Minister who has put through a ton of legislation. This is another instalment towards making good on the Government’s agenda.”

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News articles and press releases

Coal Mine Subsidence Compensation Amendment Bill 2024

Mr ANOULACK CHANTHIVONG, Minister for Better Regulation and Fair Trading — 2024-06-19

Currently, only an owner‑occupier of a property is entitled to compensation for relocation expenses if their property becomes uninhabitable due to mine subsidence. However, renters are also affected if property they are leasing becomes uninhabitable or may be under repair due to mine subsidence damage. Proposed changes to section 7 (1 - c) of the Act will ensure that renters are eligible for compensation for relocation or short‑term accommodation expenses.