Friday, 18 September 2009

Subsidence - and your home !

A case heading to court in Queensland should be of interest to home owners in Wollongong.

Residents of Collingwood Park, a suburb of Ipswich discovered in April,2008 that the land under their homes was subsiding because of past mining activity. Cracks were appearing in walls. The base slabs were becoming uneven and it is possible that some homes may become unliveable.

As is usual in such cases, all those involved duck for cover.

The questions the court will be asked to decide are : Who is financially responsible ? Who will pay compensation ? What can be done about the problem ?

Since the approval for mining was granted there has been a change of government in Queensland. At the time of that mining approval the land at Collingwood Park was earmarked for residential development.

The finger pointing has a range of targets.

A Queensland government - and it is of no legal consequence whether past or present - granted mining approval under land it knew would be used for housing. The areas council approved building plans - and had a responsibility to ensure land stability before granting that approval. A developer built homes on that land - and in doing so accepted some form of responsibility - and a mining company has caused the problem by it's activity.

There will be a flurry of high priced lawyers arguing that their client is blameless and it will be up to some unfortunate judge to sort out this can of worms.

What should interest Wollongong people considering a new home in this area is the chance of a similar thing happening in the numerous new housing estates being considered at west Dapto and surrounding areas.

Wollongong is a coal mining city. The land beneath is criss crossed with old mines and there are plans for extensions and the use of longwall mining equipment. Longwall mining creates a much bigger chance of subsidence than the old fashioned methods.

A house is usually the biggest financial purchase a family makes in a lifetime. They have every right to expect that it can be done with safety.

In the Queensland matter it seems that all those concerned have dug their toes in and denied responsibility. Justice is an uncertain thing and nothing can be considered cut and dried when it comes to the law.

Home owners in every mining area of Australia will be watching this court case with intense interest.

That old adage applies : " There - but for the grace of God - goes I. "

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