New South Wales Coal Compensation Review Tribunal

The New South Wales Coal Compensation Review Tribunal is a tribunal in New South Wales, a state of Australia, which has responsibility for determining appeals about compensation payable when coal in the state was compulsorily acquired in 1981.

Background

In 1981 the New South Wales Government passed legislation which vested all unmined coal to the crown. The effect of Coal Acquisition Act 1981 (NSW) was that the government became the owner of all unmined coal in the state. Vesting of the ownership of the coal enabled the government to tax the mining of coal, a situation it was not allowed to do when coal was privately owned.

According to the New South Wales Coal Compensation Board’s annual report, the net benefit to the State from the acquisition of private coal is estimated at around $10 billion after taking into account compensation payments totalling $682 million

The board and the tribunal were established in 1985 to address concerns by former coal owners through the introduction of the act. Both bodies are the result of recommendations of the Coal Compensation Taskforce Report.

Constitution

The tribunal is established under the Coal Acquisition (Compensation) Arrangements 1985 (NSW). Those arrangements are made by the Governor of New South Wales under the Coal Acquisition Act 1981 (NSW), a law which entitles the governor to determine what compensation should be payable for the acquisition of coal in 1981.

The tribunal consists of six members appointed by the Governor. Two of those members are to be lawyers nominated by the New South Wales Attorney General. The remaining four members are nominated by the Minister for Mineral Resources and are generally persons who have expertise in the coal industry.

The governor may appoint one of the lawyer members as the chairperson and the other as deputy chairperson.

There is also provision for the governor to appoint alternates for the members.

Jurisdiction

The tribunal has jurisdiction to decide whether the compensation determined as payable by the board as a result of the compulsory acquisition of coal is correct. It may also determine the amount of compensation payable as a result of that acquisition.

The tribunal sits as a three member panel with either the chairperson or deputy presiding.

Caseload

According to the tribunal's Annual Report, it determined 67 appeals in 2004 and had 26 outstanding.

The New South Wales government flagged that it wished for all compensation claims to be determined by March 2007 and the tribunal will cease once all those claims have been finalised.

Appeals

There no appeal rights from the decision of the tribunal.

In certain cases, prerogative relief may be available from the Supreme Court of New South Wales. See for example NSW Coal Compensation Board v Nardell Colliery Pty Ltd [2004] NSWCA 35.

Chairperson

The current chairperson is Mr GR Leader.

Location

The tribunal has offices at both:

Level 16, No. 1 Castlereagh St Sydney

References

• Board’s Annual Report 2005 - http://pandora.nla.gov.au/pan/57615/20060404/Annual_Report_2005.pdf
• Coal Acquisition Act 1981 - http://www.austlii.edu.au/au/legis/nsw/consol_act/caa1981174/
• Coal Acquisition (Compensation) Arrangements 1985 - http://www.austlii.edu.au/au/legis/nsw/consol_reg/caa1985408/
• Home of the tribunal: http://www.ccb.nsw.gov.au/tribunal
• NSW Coal Compensation Board v Nardell Colliery P/L [2004] NSWCA 35 http://www.lawlink.nsw.gov.au/scjudgments/2004nswca.nsf/32a6f466fc42eb68ca256739000a724d/da59702ebfc0e320ca256e4400027dfa?OpenDocument