New South Wales Consolidated Acts

COAL OWNERSHIP (RESTITUTION) ACT 1990 - SECT 7

7 Decision of Minister not to be questioned except in limited circumstances

(1) A decision as to whether or not coal should be granted under this Act is, subject to this Act, in the absolute discretion of the Minister.

(1A) Without limiting subsection (1):

(a) nothing in this Act, or any recommendation under this Act, requires the Minister to grant coal to eligible claimants, and

(b) in particular, the Minister may refuse to grant coal to an eligible claimant if of the opinion that the Crown would lose significant revenue were the coal to cease to be vested in the Crown.

(2) A court has no jurisdiction to question a decision of the Minister, or a recommendation of the Compensation Board, under this Act, except on the ground of lack of procedural fairness.