- the consultation page under 'News Feed' section. The 'News Feed' will be created after the consult has closed and responses collated.
- statutory review report to be tabled to Parliament (publicly available from NSW Parliament website).
all comments and submissions will be considered
there may be targeted consultation on specific issues
a report on the review and its findings will be submitted to the Minister for Fair Trading
the final report is required to be tabled in both Houses of Parliament by 14 August 2023.
How is the current Act different to the previous Act?
In 2017 the current Act replaced the former Mine Subsidence Act 1961. Significant changes to the mine subsidence compensation framework were brought in under the 2017 Act. These changes included making mine operators liable for damage caused by their operations and independent claim assessment and review processes.
Do mine operators determine mine subsidence compensation claims?
No. Under the current framework, mine operators are required to compensate for damage caused by their operations in accordance with an independent claim assessment. Subsidence Advisory oversees this process and engages independent assessors from a technical panel to carry out a comprehensive assessment.
Who manages and assesses mine subsidence compensation claims?
A dedicated Subsidence Advisory Case Advisor is assigned to each compensation claim, to manage all steps of the claims process and ensure mine operators meet relevant obligations. Case Advisors provide direct support to property owners throughout their claim.
An independent assessor is engaged from a technical panel to carry out a comprehensive claim assessment of damage. Compensation is determined in accordance with the independent claim assessment.
Please note, these processes are captured under the Approved Procedures to ensure consistency and fairness. Following completion of the review of the Act, a separate review of the Approved Procedures under section 14 of the Act is anticipated. Feedback regarding the current approved procedures will be considered as part of that process and not within this review of the Act.
Why are mine subsidence compensation claims placed on hold and not assessed immediately?
Due to subsidence impacts caused by longwall mining, claims in active mining areas are placed on hold until subsidence from active operations has ceased. This process ensures any further damage is also considered under the claim assessment, as well as ensuring that any compensated repairs are carried out without risk of repair works being impacted by further movement.
Placing claims on hold prevents further disruption to homeowners, providing a single claim assessment process where repair works remain unaffected.
Please note, this process is captured under the Approved Procedures to ensure consistency and fairness. Following completion of the review of the Act, a separate review of the approved procedures under section 14 of the Act is anticipated. Feedback regarding the current approved procedures will be considered as part of that process and not within the review of the Act.
What independent review processes are available for mine subsidence compensation claims?
Following a claim determination, property owners have rights to an independent review of their claim by the Secretary of the Department of Customer Service or their delegate. This process was introduced under the 2017 Act changes to provide an independent dispute resolution process to property owners without having to resort to costly litigation.
More information is available on the Claims for mine subsidence damage page.
To read about the review process, please refer to Section 10.1 of the Guidelines – Process for Claiming Mine Subsidence Compensation (150KB) (PDF).
Does Subsidence Advisory approve mining applications in NSW?
No. Subsidence Advisory is not responsible for mine regulation in NSW. Please visit the Subsidence Advisory page to see which NSW Government agencies are responsible for different aspects of mining regulation.
How will responses be shared?
Insights will be shared through:
What happens after the consultation closes?
After the consultation period has closed: