Under s 12A(1)(b) of the Mine Subsidence Compensation Act 1961 (NSW), an owner of improvements may only claim compensation for expenses incurred in preventing or mitigating damage where subsidence has already taken place but damage has not yet arisen; the provision does not extend to expenses incurred in anticipation of subsidence that has not yet occurred. Where subsidence has not yet occurred, the appropriate course is for the owner to request the Board to exercise its powers under s 13A to carry out preventative works.
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