O’Brien v Slack-Smith & Anor (No2); O’Brien v Hall & Anor (No2); O’Brien v Hall (No2) [2015] NSWLEC 1271

O’Brien v Slack-Smith & Anor (No2); O’Brien v Hall & Anor (No2); O’Brien v Hall (No2) [2015] NSWLEC 1271

Because the parties did not agree on final access management plans, the Court determined the plans under s236G(2) of the Mining Act 1992. The Court accepted Ms O'Brien's common conditions subject to specific amendments, adopted maps and notations that balanced access with protection of sensitive features, imposed appropriate buffers and fence restrictions, allowed the two disputed Allawah access routes, rejected unnecessary insurance and future-titleholder wording, and declined to include additional Muttabun restrictions already covered by the Mining Act or licence conditions.

Jurisdiction
Australia
Judgment Date
21 July 2015
Procedural Posture
Class 8 Appeal Concerning Determination of Access Management Plans for Small Scale Titles Under Part 10 a of the Mining Act 1992 / Final Determination of Access Management Plans After Earlier Judgment and Further Submissions
Outcome
Access management plans determined for Allawah, Muttabun and Sorrento.
Legal Topics
['access Management Plans' 'small Scale Mining Titles' 'opal Prospecting Blocks' 'restricted Access Routes' 'protection of Fences and Cup and Saucer Tanks']
['mining Law' 'land Access' 'land and Environment'] ['access Management Plans' 'small Scale Mining Titles' 'opal Prospecting Blocks' 'restricted Access Routes' 'protection of Fences and Cup and Saucer Tanks']

Case Brief

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Procedural Posture

Class 8 Appeal Concerning Determination of Access Management Plans for Small Scale Titles Under Part 10 a of the Mining Act 1992 / Final Determination of Access Management Plans After Earlier Judgment and Further Submissions

Legal Issues

  1. 1 ['What final terms should be included in the access management plans for Allawah, Sorrento and Muttabun after the parties failed to agree.' 'Whether common conditions should include OPB notation, Recital F on public liability insurance, the words "and future title holders" in the definition of Titleholder, examples of special reasons in cl 10(11), and ongoing vehicle notification obligations in cl 13.' 'What maps, notations and protective restrictions should apply to fences, cup and saucer tanks, the power line and disputed access paths on Allawah and Sorrento.' "Whether Mr Slack-Smith's proposed additional restricted zones and nominated paths for Muttabun should be included."]

Ratio Decidendi

Because the parties did not agree on final access management plans, the Court determined the plans under s236G(2) of the Mining Act 1992. The Court accepted Ms O'Brien's common conditions subject to specific amendments, adopted maps and notations that balanced access with protection of sensitive features, imposed appropriate buffers and fence restrictions, allowed the two disputed Allawah access routes, rejected unnecessary insurance and future-titleholder wording, and declined to include additional Muttabun restrictions already covered by the Mining Act or licence conditions.

Court Disposition

Access management plans determined for Allawah, Muttabun and Sorrento.

Orders

  • ["In accordance with s236G(2) of the Mining Act 1992 I have determined the following access management plans for the properties of 'Allawah', 'Sorrento' and 'Muttabun' as follows:" 'Proceedings matter number 14/80664: For the land known as Allawah comprising Western Land Lease No 2829 and 4637 the access management...