Ulan Coal Mines Limited v Minister for Mineral Resources & Anor [2007] NSWSC 1299

Ulan Coal Mines Limited v Minister for Mineral Resources & Anor [2007] NSWSC 1299

Ulan's summons was dismissed because, on the proper construction of s 62 and Schedule 1 of the Mining Act 1992, Ulan was required to lodge timely claims about valuable works and structures to invoke the s 62(1)(c) protection, and where no such claim was made within time the Minister was not precluded by s 62(1)(c) from granting the leases. In any event, the notices were validly served on Ulan at its place of business, the map and newspaper notice defects did not invalidate the applications or notices, cleared pasture land was not a substantial and valuable improvement, and the Pt 3A approval under the Environmental Planning and Assessment Act and Regulation meant the s 62(1) restrictions...

Jurisdiction
Australia
Judgment Date
16 November 2007
Procedural Posture
Administrative Law Proceedings Concerning Mining Lease Applications / Final Judgment on Summons Seeking Declarations and Injunctions
Outcome
Ulan's summons dismissed.
Legal Topics
['mining Lease Applications' 'substantial and Valuable Improvements' 'service of Notices' 'compliance With Statutory Notice and Map Requirements' 'part 3 a Approval Under the Environmental Planning and Assessment Act' 'compensation for Mining Lease Impacts' 'discretionary Refusal of Relief']
['administrative Law' 'mining Law' 'planning and Environmental Law' 'statutory Interpretation'] ['mining Lease Applications' 'substantial and Valuable Improvements' 'service of Notices' 'compliance With Statutory Notice and Map Requirements' 'part 3 a Approval Under the Environmental Planning and Assessment Act' 'compensation for Mining Lease Impacts' 'discretionary Refusal of Relief']

Case Brief

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Procedural Posture

Administrative Law Proceedings Concerning Mining Lease Applications / Final Judgment on Summons Seeking Declarations and Injunctions

Legal Issues

  1. 1 ["Whether the prohibitions in s 62(1)(c) of the Mining Act 1992 applied to prevent the grant of mining leases over the surface of Ulan's land because of substantial and valuable improvements." 'Whether Ulan was required to make claims about valuable works and structures within the time specified by Schedule 1 to the Mining Act 1992 for the s 62 prohibition to operate.' 'Whether cleared pasture land constituted a substantial and valuable improvement within s 62(1)(c) of the Mining Act 1992.' 'Whether the word "land" in s 62(1) extended beyond the land on which an improvement was situated.' 'Whether notices of MLA 264 and MLA 290 were validly served on Ulan under s 383 of the Mining Act 1992 when posted to its private mail bag associated with its place of business rather than to its registered office.' 'Whether technical defects in the maps accompanying the applications and notices invalidated the mining lease applications or notices.' 'Whether the notice published in the Mudgee Guardian invalidated the grant of any mining lease.' 'Whether approval under Pt 3A of the Environmental Planning and Assessment Act meant that the Minister for Primary Industries could not refuse the mining leases notwithstanding s 62 of the Mining Act 1992.' 'Whether relief should be refused on discretionary grounds if Ulan otherwise established entitlement.']

Ratio Decidendi

Ulan's summons was dismissed because, on the proper construction of s 62 and Schedule 1 of the Mining Act 1992, Ulan was required to lodge timely claims about valuable works and structures to invoke the s 62(1)(c) protection, and where no such claim was made within time the Minister was not precluded by s 62(1)(c) from granting the leases. In any event, the notices were validly served on Ulan at its place of business, the map and newspaper notice defects did not invalidate the applications or notices, cleared pasture land was not a substantial and valuable improvement, and the Pt 3A approval under the Environmental Planning and Assessment Act and Regulation meant the s 62(1) restrictions...

Court Disposition

Ulan's summons dismissed.

Orders

  • ["Ulan's summons should be dismissed." "Unless Ulan submits to the contrary within 7 days it should pay Moolarben's costs." 'The Court was prepared to hear argument on costs if requested by either Ulan or Moolarben.']