Agricultural Equity Investments Pty Limited v The Hon Chris Hatcher MP, Minister for Resources and Energy, Special Minister [2015] NSWLEC 23

Agricultural Equity Investments Pty Limited v The Hon Chris Hatcher MP, Minister for Resources and Energy, Special Minister [2015] NSWLEC 23

The Minister acted within statutory power in making the exemption order under s 6(2) of the Mining Act 1992 and cl 11 of the Mining Regulation 2010. The power to grant an exemption was not limited by ss 58(1) and 63(5) of the Act, and issuing the exemption did not amount to the grant of a mining lease, nor did it extinguish the applicants' statutory rights. There was no evidence that the exemption was made for an improper purpose or that procedural fairness required notification to the applicants, whose interests were not directly affected as required by law.

Parties
First Applicant: Agricultural Equity Investments Pty Ltd; Second Applicant: Gold and Copper Resources Pty Limited; First Respondent: The Hon Chris Hatcher MP, Minister for Resources and Energy, Special Minister; Second Respondent: Big Island Mining Pty Limited; Third Respondent: Westlime Pty Ltd
Jurisdiction
Australia
Judgment Date
20 February 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Exemption Orders Under Mining Act 1992, Statutory Construction, Improper Purpose, Procedural Fairness, Powers of the Minister Under Mining Legislation
Administrative Law Mining Law Judicial Review Exemption Orders Under Mining Act 1992 Statutory Construction Improper Purpose Procedural Fairness Powers of the Minister Under Mining Legislation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 23 Party arguments 2
Sign in to unlock

Parties

Agricultural Equity Investments Pty Ltd

First Applicant

Gold and Copper Resources Pty Limited

Second Applicant

The Hon Chris Hatcher MP, Minister for Resources and Energy, Special Minister

First Respondent

Big Island Mining Pty Limited

Second Respondent

Westlime Pty Ltd

Third Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Minister had the statutory power to grant the exemption order under s 6(2) of the Mining Act 1992 and cl 11 of the Mining Regulation 2010
  2. 2 Whether the exemption order was made for an improper purpose, namely to circumvent the operation of ss 58(1) and 63(5) of the Mining Act 1992
  3. 3 Whether the applicants were denied procedural fairness in the making of the exemption order

Ratio Decidendi

The Minister acted within statutory power in making the exemption order under s 6(2) of the Mining Act 1992 and cl 11 of the Mining Regulation 2010. The power to grant an exemption was not limited by ss 58(1) and 63(5) of the Act, and issuing the exemption did not amount to the grant of a mining lease, nor did it extinguish the applicants' statutory rights. There was no evidence that the exemption was made for an improper purpose or that procedural fairness required notification to the applicants, whose interests were not directly affected as required by law.

Court Disposition

Application dismissed

Orders

  • The amended summons is dismissed.
  • The applicants are to pay the costs of the first and third respondents.