Alinta LGA Limited (Formerly The Australian Gas Light Company) v Mine Subsidence Board

Statutes – Interpretation – Mine Subsidence Compensation Act 1961 (NSW) ("the Subsidence Act") – Appellants claimed compensation from statutory fund for cost of works to prevent damage to pipeline from subsidence – Pursuant to s 15(5)(b) "no claim shall be entertained or payment made" where improvement erected without approval unless certificate is issued – Respondent Board found pipeline erected without approval and refused to issue certificate or entertain claim – Section 12B(b) conferred right of appeal to Land and Environment Court against "the decision of the Board as to the amount of the payment from the Fund" – Whether refusal of Board to entertain claim in absence of jurisdictional facts appealable under s 12B(b) or subject only to judicial review in Supreme Court.

Courts and judicial system – Jurisdiction – Land and Environment Court – Appeals – Class 3 – Sections 16 and 19(fl) of the Land and Environment Court Act 1979 (NSW) conferred jurisdiction to hear and determine appeals under s 12B of the Subsidence Act – Whether jurisdiction to hear and determine appellants' appeal against Board's decision – Relevance of breadth of powers under s 39(3) to conduct de novo rehearing.

Words and phrases – "amount", "appeal", "jurisdictional facts", "no claim shall be entertained or payment made".

Land and Environment Court Act 1979 (NSW) – ss 16, 19(fl), 39.

Mine Subsidence Compensation Act 1961 (NSW) – ss 12B, 15(5)(b).