When purchasing or developing property in New South Wales (NSW), it’s crucial to understand if the land falls within a mine subsidence district. These areas are formally declared under the Coal Mine Subsidence Compensation Act 2017 and carry significant implications for building, development, insurance, and risk management.

What Is a Mine Subsidence District?

A mine subsidence district is an area of land that has been identified as being at risk of ground movement due to historical or current underground coal mining activity. These areas are declared by Subsidence Advisory NSW (SA NSW) under the authority of the Coal Mine Subsidence Compensation Act 2017.

Being within a mine subsidence district means that certain additional controls, reviews, or approvals are required before construction or development can proceed.

Why This Matters for Property Owners and Developers

If a property is located within a mine subsidence district:

• Additional building approval is needed from SA NSW for most forms of development, in addition to council approval.
• Design standards may be imposed to reduce the risk of damage from subsidence (e.g. reinforced foundations).
• Construction costs may increase to comply with subsidence mitigation measures.
• The Section 10.7 Planning Certificate issued by council will include a notation indicating that the land falls within such a district.
• Insurance and valuation considerations may be affected, especially for lenders and buyers.

What Happens If Subsidence Occurs?

If damage occurs to an eligible structure as a result of mine subsidence, the owner may be entitled to compensation under the Coal Mine Subsidence Compensation Act 2017. Compensation may cover the cost of:

• Structural repairs
• Property replacement (in severe cases)
• Temporary accommodation during remediation

However, this only applies to approved structures that meet the relevant building conditions at the time of damage.

How to Check If Land Is Affected

You can verify whether a property is within a mine subsidence district by:

• Reviewing the Section 10.7 Planning Certificate.
• Using the SA NSW Property Subsidence Portal (subsidence.nsw.gov.au).
• Contacting Subsidence Advisory NSW directly.

Role of the Planning Certificate (Section 10.7)

Under NSW planning law, councils must disclose in the planning certificate whether a property is declared to be within a mine subsidence district. This gives purchasers early notice of possible development restrictions or building standards.

Disclaimers

Environmental Disclaimer: The information provided in this article relates to environmental constraints that may affect land use or development. It is general in nature and does not replace detailed site-specific assessments. Always consult with an environmental consultant or local council for up-to-date, location-specific guidance.

Legal Disclaimer: This content is intended to provide a general overview of the relevant legislation and should not be relied upon as legal advice. Property and planning laws are subject to change and may vary depending on specific site conditions and council policies. For advice tailored to your circumstances, please consult a qualified legal or planning professional.

General Disclaimer: This article is provided for general informational purposes only and does not constitute legal, planning, or environmental advice. While every effort has been made to ensure accuracy, the information may not reflect the most recent changes in law or policy. You should seek advice from a qualified professional or relevant authority before making any property-related decisions.