Jemena Gas Networks (NSW) Limited v. Mine Subsidence Board

Lower Court Judgment

28/06/2010 Supreme Court of New South Wales (Court of Appeal)(Spigelman CJ, Allsop P, Giles JA, Basten JA, Macfarlan JA)

[2010] NSWCA 146

Catchwords

Energy and resources — Compensation for subsidence caused by mining — Applicant owned and operated gas pipeline — Coal mining in vicinity of pipeline caused subsidence — Subsidence insufficient to damage pipeline, but future mining expected to cause cumulative level of subsidence sufficient to damage pipeline — Applicant engaged in preventive and mitigation works to protect pipeline — Works concluded prior to commencement of mining expected to cause damaging subsidence — Claim for compensation for costs of works rejected by respondent — Whether compensation payable for costs incurred with respect to anticipated subsidence — Whether requirement of causation in Mine Subsidence Compensation Act 1961 (NSW) s 12A(1)(b) determined by reference to single mining event or by reference to ongoing extraction in accordance with mining plan — Mine Subsidence Board v Wambo Coal Pty Ltd (2007) 54 LGERA 60 — Mine Subsidence Compensation Act 1961 (NSW) s 12A(1)(b).

Short Particulars