State of New South Wales v Cadia Holdings Pty Ltd [2009] NSWCA 174

State of New South Wales v Cadia Holdings Pty Ltd [2009] NSWCA 174

The Cadia mine cannot fairly be characterised only as a copper mine; it is a gold-copper mine. As such, under common law and the effect of the Royal Mines Acts, the copper remains within the Crown prerogative and is a publicly owned mineral under the Mining Act 1992. Statutory abrogation does not apply to gold-copper mines. Appeal allowed; copper ruled as publicly owned mineral.

Parties
First Appellant: State of New South Wales; Second Appellant: Minister for Mineral Resources; First Respondent: Cadia Holdings Pty Ltd; Second Respondent: Newcrest Operations Ltd
Jurisdiction
Australia
Judgment Date
01 July 2009
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Crown Prerogatives, Mineral Ownership, Royal Mines, Statutory Abrogation, Interpretation of Imperial Statutes
Constitutional Law Energy and Resources Real Property Statutory Interpretation Crown Prerogatives Mineral Ownership Royal Mines Statutory Abrogation +1 more

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Parties

State of New South Wales

First Appellant

Minister for Mineral Resources

Second Appellant

Cadia Holdings Pty Ltd

First Respondent

Newcrest Operations Ltd

Second Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether copper intermixed with gold in Cadia Hill Mine is owned by the Crown as a publicly owned mineral under the Mining Act 1992
  2. 2 Effect of Royal Mines Acts 1688 and 1693 on Crown's prerogative ownership of copper
  3. 3 Interpretation of 'mine of copper' under s 4 of the 1688 Act and s 2 of the 1693 Act

Ratio Decidendi

The Cadia mine cannot fairly be characterised only as a copper mine; it is a gold-copper mine. As such, under common law and the effect of the Royal Mines Acts, the copper remains within the Crown prerogative and is a publicly owned mineral under the Mining Act 1992. Statutory abrogation does not apply to gold-copper mines. Appeal allowed; copper ruled as publicly owned mineral.

Court Disposition

Appeal allowed

Orders

  • Allow the appeal and set aside the orders and declarations made in the Equity Division on 16 June 2008.
  • Declare that the copper in the specified land is a publicly owned mineral for the purposes of the Mining Act 1992.