About Subsidence Advisory NSW

The review identified a need to improve:

• the claims experience for property owners
• the compensation framework
• the Mine Subsidence Board’s (MSB) administration of the system.

Following the review:

• the MSB was renamed Subsidence Advisory NSW and various operational improvements were made
• Subsidence Advisory moved to a new compensation model to ensure claims are settled faster
• a new case advisory function was introduced to support claimants
• operators of active underground coal mines are being made financially accountable for the subsidence damage they cause
• all coal mine operators are still required to pay a levy towards the Mine Subsidence Compensation Fund
• Subsidence Advisory will continue to use the fund for compensation claims caused by subsidence in non-active mining areas
• any claim for subsidence damage lodged with Subsidence Advisory before 1 January 2018 that was accepted will be compensated by Subsidence Advisory using the Mine Subsidence Compensation Fund.

Reforms under the Act to mine subsidence compensation in active and non-active mining areas, makes the process easier for property owners and provides a more equitable model for mining operators.

Active mining areas

• Claims for subsidence damage caused by active mining are compensated by the mine operator responsible.
• All compensation claims are lodged with Subsidence Advisory through the claims portal. Claimants will be able to return to the portal at any time to track the status of their claim in real-time, access all information relating to their claim in one location, and contact Subsidence Advisory.
• Claimants are assigned a dedicated case advisor to manage the claim from start to finish and provide support to property owners.
• An independent assessor is engaged by Subsidence Advisory to carry out a comprehensive assessment of the claim. Mine operators are required to compensate property owners according to the claim's assessment.
• Mine operators are required to comply with guidelines to ensure that claimants are treated fairly and claims are processed within strict timeframes.
• Claimants have the right to access an independent review by the Secretary of the Department of Customer Service or their delegate. Secretary determinations can be appealed to the Land and Environment Court.

Non-active mining areas

• Subsidence Advisory will continue to compensate homeowners whose properties are damaged by subsidence from non-active mine workings using the Mine Subsidence Compensation Fund.
• All coal mine operators continue to pay a levy to the Mine Subsidence Compensation Fund to compensate for impacts arising from non-active mining.
• Property owners in non-active mine areas should lodge their claim through the portal. They follow a similar claim process as claimants in active mining areas, including being assigned a dedicated case advisor, independent claim assessment and the right to access an independent review.