About Subsidence Advisory NSW
Learn more about Subsidence Advisory NSW and how we support property owners living in areas where subsidence from underground coal mining may occur.
How we help property owners
We keep communities safe, manage compensation claims for subsidence damage to improvements such as houses, and regulate development in Mine Subsidence Districts to help reduce potential damage.
Has mine subsidence impacted your property?
Learn how to lodge a claim, how your claim is managed and the support available to property owners during the claims process.
Subsidence Advisory is an agency of the NSW Department of Customer Service and operates under the Coal Mine Subsidence Compensation Act 2017 (the Act).
Subsidence Advisory administers the Act to provide the following functions:
- a fair and sustainable compensation framework for mine subsidence damage to homes and other structures
- protect homes and other structures from mine subsidence damage by regulating development in Mine Subsidence Districts.
The Act took effect on 1 January 2018. This followed a 2016 review of the former Mine Subsidence Compensation Act 1961 by the NSW Department of Finance, Services and Innovation.
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.
Mine regulation in NSW
Subsidence Advisory NSW is not responsible for mine regulation in NSW.
Several NSW Government departments and agencies collaborate on different aspects of mining regulation, under different legislation.
|Regulation type||Department or agency||Contact|
|Mine approval||Department of Planning,|
Industry and Environment
|1300 305 695|
|Land use, maps and exploration||Mining, Exploration and|
Geoscience – Department of Regional NSW
|1300 736 122|
|Mine safety and compliance with the Mining Act||NSW Resources Regulator||1300 814 609|
Environment protection licences.
Report pollution from mining activity to Environment Line.
|NSW Environment Protection Authority (EPA)||131 555|
|Health impacts from mining||NSW Health||(02) 9391 9000|