Claiming for mine subsidence damage

Active mining areas

A pre-mining inspection (PMI) records the condition of a home before mining commences.

A PMI is free of charge and will help with a straightforward claims process if a property is impacted by mine subsidence in the future.

Subsidence Advisory encourages property owners in areas where underground mining is planned in the near future to have a pre-mining inspection (PMI). Subsidence Advisory staff are available to provide property owners with support and answer any questions or concerns you may have before mining commences.

If your property is damaged by subsidence as a result of coal mining in NSW, your rights are protected under the Coal Mine Subsidence Compensation Act 2017 and you can claim compensation through Subsidence Advisory.

Signs of damage from mine subsidence can range from hairline cracks and jammed doors and windows to more significant structural issues. Generally, buildings damaged by mine subsidence remain safe and can be used until they are repaired.

Learn more about mine subsidence.

If you think your property has been damaged by mine subsidence, you can lodge a claim for compensation through our online portal. Claims should be lodged within 12 months of becoming aware that the damage was caused by subsidence. We will acknowledge receipt of all claims within 7 days.

You can log in to the Subsidence Advisory Portal to track and manage your claim at any point in the claims process.

Further detail on the claims process is provided in the Guidelines – Process for Claiming Mine Subsidence Compensation (PDF 149.56KB). This document is an approved procedure under the Coal Mine Subsidence Compensation Act 2017.

We will assign a dedicated Case Advisor to manage your claim from start to finish and provide you with a single, responsive point of contact throughout the process.

After you lodge your claim, your Case Advisor will contact you to explain the claim process and share with you the expected timeframe to investigate your claim.

If you have any immediate concerns related to the safety or security of your property, you should advise your Case Advisor immediately or call Subsidence Advisory NSW’s 24 Hour Emergency Hotline on 1800 248 083. If there is an immediate threat to life or property call Triple Zero (000).

Following receipt of a claim we will undertake a preliminary assessment to confirm:

• if the subject property is in the zone of influence of active or non-active underground mines
• proximity to mine workings
• if mine subsidence is ongoing for claims in active mining areas
• ownership of the property.

The findings of the preliminary assessment will determine how the claim is progressed. If the claim is outside the zone of influence of any active or non-active coal mine, the claim will not be accepted.

Check if your property is in a mine subsidence district.

Active mining areas

Your claim may be placed on hold if subsidence is ongoing. This ensures that all damage is assessed, and compensated repairs are carried out without risk of further impacts. To ensure continued serviceability, emergency support is provided during ongoing subsidence periods and temporary repairs may be carried out.

In some cases, where properties are within the zone of influence of multiple longwalls and predicted to be impacted by subsidence for significantly longer periods, full assessment of claims may be completed prior to subsidence ceasing. For further information please refer to the Early Claim Settlement Policy (PDF 324.84KB)

Active mining areas

Once subsidence has ceased, an in person claim assessment will be booked with an independent specialist from our Technical Panel to carry out a comprehensive assessment of the claim.

If damage is found to be attributable to mine subsidence, a cost estimate for repairs is prepared.

The assessment and determination process is to conclude within 3 months of the property being inspected (unless otherwise approved by Subsidence Advisory).

Non-active mining areas

An in person claim assessment will be booked with one of our expert Project Managers to carry out a comprehensive assessment of the claim.

Where necessary, an independent specialist from our Technical Panel, such as a geotechnical engineer, may also be engaged to assess the claim.

If damage is found to be attributable to mine subsidence, a cost estimate for repairs is prepared.

The assessment and determination process is to conclude within 3 months of the property being inspected (unless otherwise approved by Subsidence Advisory).

Technical Panel

Subsidence Advisory NSW has established a Technical Panel of independent specialists to carry out assessments as part of the claims process. To be appointed, assessors must demonstrate technical experience and relevant qualifications.

Subsidence Advisory oversees the assessment process and sets requirements for assessments and reporting.

Specialists use a range of assessment methods dependent on the type of damage and provide professional, objective, consistent and independent assessment of claims. The Technical Panel includes:

• geotechnical engineers
• structural engineers
• quantity surveyors
• property valuers
• other suitably qualified professionals, including building assessors and builders.

Subsidence Advisory manages the appointment of specialists to the panel and undertakes annual reviews of panel assessors.

Learn more about supplying services to Subsidence Advisory NSW.

Mine subsidence claims may be accepted, partially accepted, or refused. If your claim is accepted, you will be provided with fair and reasonable compensation in accordance with the cost estimate for repairs.

Subsidence Advisory will coordinate payment of compensation to the property owner regardless of whether they are in an active or non-active mining area.

Active mining areas

Mine proprietors are required to compensate claims in accordance with the independent claim assessment.

Non-active mining areas

Compensation for subsidence damage to properties from non-active coal mines will be paid by using the Mine Subsidence Compensation Fund.

Refused claims

If the claim investigation confirms that the claimed damage is not the result of mine subsidence, the claim will not be accepted. A letter and report will be provided to you advising that the claim has not been accepted and the reasons why.

It is important to be aware that damage to homes and structures could be caused by factors other than mine subsidence, such as reactive soils, nearby trees and poor building practice.

All structures are eligible for compensation should they be impacted by mine subsidence, provided that if located in a Mine Subsidence District they have been constructed in accordance with the relevant approvals.

Find out more about developing within a mine subsidence district.

Your Case Advisor will provide the letter of determination, compensation amount, Deed of Release (if appropriate) and all reports by email.

The documents will also be made available for download via the Subsidence Advisory Portal.

Under section 15 of the Coal Mine Subsidence Compensation Act 2017 (the Act), property owners have the right to a review of their claim by the Secretary (or their delegate) of the Department of Customer Service.

Review requests must be lodged within 3 months of receiving a claim determination. Upon receipt of a review request, you will be asked to submit a position statement outlining the nature of your dispute.

For more information on the review process, please refer to Section 10.1 of the Guidelines – Process for Claiming Mine Subsidence Compensation (PDF 149.56KB).

Under section 16 of the Act, you also have a right of appeal to the Land and Environment Court against the Secretary’s determination.

Please note that any investigation or report obtained by you cannot be reimbursed and any request for reimbursement will be declined.

Property owners may also have other rights at law in relation to their claim which they may wish to explore. If so, property owners should obtain independent legal advice.