Olofsson v Minister for Primary Industries (No 2) [2011] NSWLEC 181

Olofsson v Minister for Primary Industries (No 2) [2011] NSWLEC 181

The Minister's revocation of the temporary common and reservation for rural services was validly effected by notice published in the Gazette pursuant to the powers under s 87 and s 89(2) of the Crown Lands Act and met the requirements of s 61A of the Commons Management Act as cured by later Erratum. The purposes and considerations taken into account were not unauthorised or irrelevant. The reservation and licence over the land were validly granted, and no notice under the Mining Act was required to the dissolved Trust.

Parties
Applicant: Deidre Olofsson; First Respondent: Minister for Primary Industries; Second Respondent: White Mining (NSW) Pty Limited; Third Respondent: Ashton Coal Operations Pty Limited; Fourth Respondent: Minister for Resources and Energy
Jurisdiction
Australia
Judgment Date
14 October 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Applicant's claims not established; proceedings dismissed.
Legal Topics
Revocation of Common Land, Reservation for Rural Services, Grant of Licence for Access and Grazing, Statutory Construction, Judicial Review of Governmental Decisions
Administrative Law Environmental Law Property Law Revocation of Common Land Reservation for Rural Services Grant of Licence for Access and Grazing Statutory Construction Judicial Review of Governmental Decisions

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Parties

Deidre Olofsson

Applicant

Minister for Primary Industries

First Respondent

White Mining (NSW) Pty Limited

Second Respondent

Ashton Coal Operations Pty Limited

Third Respondent

Minister for Resources and Energy

Fourth Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether revocation of temporary common was valid
  2. 2 Whether notices published in Gazette complied with statutory requirements
  3. 3 Whether revocation and reservation were for unauthorised purposes or involved irrelevant considerations

Ratio Decidendi

The Minister's revocation of the temporary common and reservation for rural services was validly effected by notice published in the Gazette pursuant to the powers under s 87 and s 89(2) of the Crown Lands Act and met the requirements of s 61A of the Commons Management Act as cured by later Erratum. The purposes and considerations taken into account were not unauthorised or irrelevant. The reservation and licence over the land were validly granted, and no notice under the Mining Act was required to the dissolved Trust.

Court Disposition

Applicant's claims not established; proceedings dismissed.

Orders

  • Proceedings nos 40637 of 2011 and 80279 of 2011 are dismissed.
  • In proceedings no 40637 of 2011: The applicant is to pay the costs of the first and fourth respondents fixed in the total sum of $5,000.