Jemena Gas Networks (NSW) Limited v Mine Subsidence Board

Mining – Compensation - Section 12A(1)(b) of Mine Subsidence Compensation Act 1961 (NSW) allowed claims by owners of improvements for payment from Mine Subsidence Compensation Fund ("Fund") for proper and necessary expense incurred or proposed in preventing or mitigating damage that, in opinion of Mine Subsidence Board, owner "could reasonably have anticipated would otherwise have arisen, or could reasonably anticipate would otherwise arise, from a subsidence that has taken place" - Appellant made claim for costs of preventative and mitigatory works performed on pipeline after receiving expert advice that such works would be necessary as result of certain underground longwall mining - Whether appellant entitled to compensation from Fund under s 12A(1)(b) - Whether entitled to compensation only if subsidence occurred before expense incurred in preventing or mitigating damage - Whether "from a subsidence that has taken place" in s 12A(1)(b) refers to actual past occurrence or hypothetical future occurrence of subsidence.

Words and phrases – "from a subsidence that has taken place".

Mine Subsidence Compensation Act 1961 (NSW) – ss 11, 12A(1)(b), 13A, 14.