The New South Wales Coal Compensation Review Tribunal was a tribunal in New South Wales, a state of Australia, which had responsibility for determining appeals about compensation payable when coal in the state was compulsorily acquired during 1981. The tribunal was in operation between 1985 and 1 January 2008. [1]
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, [2] 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 were the result of recommendations of the Coal Compensation Taskforce Report.
The tribunal was established under the Coal Acquisition (Compensation) Arrangements 1985 (NSW). Those arrangements were 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 consisted of six members appointed by the Governor. Two of those members were lawyers nominated by the Attorney General of New South Wales. The remaining four members were nominated by the Minister for Mineral Resources and were 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 was also provision for the Governor to appoint alternates for the members.
The tribunal had 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 sat as a three-member panel with either the chairperson or deputy presiding.
The chairperson immediately prior to the Tribunal's abolition was Mr G. R. Leader.
According to the tribunal's 2005 Annual Report, it determined 67 appeals in 2004 and had 26 outstanding. [2] 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.
There were 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, such as NSW Coal Compensation Board v Nardell Colliery Pty Ltd. [3]
Up until its abolition in 2008, the tribunal had its office at Level 16, No. 1 Castlereagh Street, Sydney.
The District Court of New South Wales is the intermediate court in the judicial hierarchy of the Australian state of New South Wales. It is a trial court and has an appellate jurisdiction. In addition, the Judges of the Court preside over a range of tribunals. In its criminal jurisdiction, the Court may deal with all serious criminal offences except murder, treason and piracy. The Court's civil jurisdiction is generally limited to claims less than A$750,000.
The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian state of New South Wales. Formerly known as the Court of Petty Sessions and the Magistrates Court, there are more than 160 branches across New South Wales where the Local Court has jurisdiction to deal with the majority of minor civil and criminal matters.
The Lands Tribunal was a tribunal in the United Kingdom created by the Lands Tribunal Act 1949 that had jurisdiction in England and Wales and Northern Ireland, although in the Northern Ireland context the term Lands Tribunal normally refers to a different body, the Lands Tribunal for Northern Ireland. The Lands Tribunal was unusual in having both first instance and appellate jurisdiction. The functions of the Lands Tribunal were transferred to the Upper Tribunal in June 2009 by the Transfer of Tribunal Functions Order 2009.
The Compensation Court of New South Wales was a court in the Australian State of New South Wales. It had unlimited jurisdiction within the State in workers' compensation matters.
The Dust Diseases Tribunal of New South Wales was established on 21 July 1989 as a specialist court within the Australian court hierarchy with exclusive jurisdiction within New South Wales, Australia, to deal with claims for damages from sufferers of dust-related illnesses, including those linked to asbestos exposure, and from dependants of sufferers who have died. The tribunal is located in the John Maddison Tower in the Sydney central business district.
The Government and Related Employees Appeals Tribunal of New South Wales was a tribunal established under the Government and Related Employees Appeal Tribunal Act 1980 (NSW). It heard certain promotional appeals and disciplinary appeals from employees of the Government of New South Wales. It commenced operation on 1 September 1980 and ceased operations on 1 July 2010, when its functions were subsumed by the Industrial Relations Commission of New South Wales.
The Transport Appeals Board of New South Wales was a tribunal established under the Transport Appeal Boards Act 1980 (NSW). It heard certain promotional appeals and disciplinary appeals from transport employees of the New South Wales State Government.
The Victims Compensation Tribunal of New South Wales is a former tribunal of the Government of New South Wales that was established to determine the amounts that may be awarded to victims of crime for personal injury in New South Wales, a state of Australia. The tribunal had exclusive jurisdiction to determine the amount which the Victims Compensation Fund of New South Wales would pay to a victim of crime. This tribunal was unique in Australia in that it did not notify nominated defendants of tribunal hearings and therefore did not hear evidence that may exist from such persons.
The Land and Valuation Court of New South Wales was a court which had jurisdiction to deal with disputes concerning crown land in New South Wales. It replaced the Land Court of New South Wales on 10 December 1921 and itself replaced by the Land and Environment Court of New South Wales on 1 September 1980.
The Personal Injury Commission resolves disputes between people injured in motor accidents and workplaces in NSW, insurers and employers.
The Mental Health Review Tribunal of New South Wales is a specialist tribunal dealing with mental health issues in New South Wales, a state of Australia. It has exclusive jurisdiction in terms of most mental health issues, although it may share jurisdiction on some issue with other courts, such as the Supreme Court of New South Wales. The tribunal came into existence on 3 September 1990.
The New South Wales Coal Compensation Board was a government body in New South Wales which had responsibility for determining compensation payable when coal in the state was compulsorily acquired in 1981.
The Marine Appeal Tribunal of New South Wales, is a former tribunal in New South Wales, a state of Australia, which dealt with appeals from decisions of the NSW Minister for Ports under certain decisions under the Marine Safety Act 1998 (NSW). The tribunal is now constituted under the New South Wales Civil and Administrative Tribunal.
The Police Tribunal of New South Wales was a tribunal established in New South Wales, a state of Australia to deal with allegations of misconduct by New South Wales Police. It was established in 1990 and abolished in 1998.
A warden's court is a special court established to deal with disputes relating to mining and mineral tenements. It is presided over by a mining warden. Historically all Australian states had warden's courts, which were established in the late 19th century during the Australian gold rushes. However, in several states the position of mining warden has been abolished or had its powers reduced.
The Nurses and Midwives Tribunal is a former tribunal that was established in the Australian state of New South Wales which dealt with appeals and complaints of professional misconduct by nurses and midwives. The tribunal generally heard matters after the Nurses and Midwives Board has made a decision or a professional association had referred an issue to the tribunal. The tribunal heard matters in an informal manner in an attempt to do justice in the matter. The tribunal also conducted inquiries into complaints referred by the New South Wales Health Care Complaints Commission.
The Physiotherapists Tribunal is a former tribunal established in the Australian state of New South Wales which dealt with appeals and complaints of professional misconduct by physiotherapists.
The Community Services Appeal Tribunal was an independent tribunal established in the State of New South Wales to deal with breaches of community welfare legislation, as well as handling appeals against licensing decisions in respect of child care services, boarding houses, and foster carers. The tribunal provided the first forum in New South Wales for alternative dispute resolution in New South Wales for resolving disputes. The tribunal replaced the Community Welfare Appeals Tribunal which was known as CWAT.
The NSW Aboriginal Land Council (NSWALC) is the peak representative body of Aboriginal Australians in New South Wales. It has the mandate, under the Aboriginal Land Rights Act 1983 (NSW), to develop land rights among Aboriginal people in New South Wales through its network of 120 Local Aboriginal Land Councils (LALCs). Its functions include the creation of an economic base for Aboriginal communities, as well as the continued passing and enhancement of Aboriginal culture, identity and heritage through the management of traditional sites and other cultural materials within NSW. It acts as an advisor to governments and others to ensure the preservation of Aboriginal land rights.
Compulsory purchase are powers to obtain land in Scotland that were traditionally available to certain public bodies in Scots law. Scots law classifies compulsory purchase as an involuntary transfer of land, as the owner of the corporeal heritable property (land) does not consent to the transfer of ownership.
