Gold and Copper Resources Pty Ltd v The Hon. Chris Hartcher MP, Minister for Resources and Energy [2015] NSWLEC 116

Gold and Copper Resources Pty Ltd v The Hon. Chris Hartcher MP, Minister for Resources and Energy [2015] NSWLEC 116

The mining leases were valid. Section 58(1)(c)(i) did not preclude the grants because MLA 439 and MLA 440 sought leases for mining purposes only and no minerals were sought in respect of those leases, so Gold and Copper's consent as an exploration licence applicant was not required. Any absence of mineral bearing capacity information did not invalidate the applications or grants and cl 76(9) of the Mining Regulation 2010 (NSW) did not deem the applications refused in the manner contended. The Minister's decisions to grant the leases, including without depth restrictions, were within the range of lawful and reasonable outcomes in the context of the existing Cadia Valley Operations and...

Jurisdiction
Australia
Judgment Date
21 July 2015
Procedural Posture
Judicial Review in Class 8 Challenging Validity of Mining Leases / Principal Judgment on Amended Summons
Outcome
Proceedings dismissed.
Legal Topics
['validity of Mining Leases' 'exploration Licence Applications' 'consent Under S 58(1)(c)(i) of the Mining Act 1992 (nsw)' 'required Information for Mining Lease Applications' 'deemed Refusal Under Cl 76(9) of the Mining Regulation 2010 (nsw)' 'wednesbury Unreasonableness' 'legal Professional Privilege']
['administrative Law' 'mining Law' 'environmental Planning Law' 'civil Procedure' 'evidence'] ['validity of Mining Leases' 'exploration Licence Applications' 'consent Under S 58(1)(c)(i) of the Mining Act 1992 (nsw)' 'required Information for Mining Lease Applications' 'deemed Refusal Under Cl 76(9) of the Mining Regulation 2010 (nsw)' 'wednesbury Unreasonableness' 'legal Professional Privilege']

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Procedural Posture

Judicial Review in Class 8 Challenging Validity of Mining Leases / Principal Judgment on Amended Summons

Legal Issues

  1. 1 ['Whether the grant of ML 1689 and ML 1690 was precluded by s 58(1)(c)(i) of the Mining Act 1992 (NSW) because Gold and Copper Resources Pty Ltd had pending exploration licence applications and had not consented to the grants.' 'Whether MLA 439 and MLA 440 were deemed to have been refused under cl 76(9) of the Mining Regulation 2010 (NSW) because they were not accompanied by an assessment of mineral bearing capacity and extent of mineral deposits.' "Whether the Minister's decisions to grant ML 1689 and ML 1690 without depth restrictions and without mineral bearing capacity information were manifestly unreasonable." 'Whether redacted portions of the Ministerial Letters were protected by legal professional privilege under s 118 of the Evidence Act 1995 (NSW).']

Ratio Decidendi

The mining leases were valid. Section 58(1)(c)(i) did not preclude the grants because MLA 439 and MLA 440 sought leases for mining purposes only and no minerals were sought in respect of those leases, so Gold and Copper's consent as an exploration licence applicant was not required. Any absence of mineral bearing capacity information did not invalidate the applications or grants and cl 76(9) of the Mining Regulation 2010 (NSW) did not deem the applications refused in the manner contended. The Minister's decisions to grant the leases, including without depth restrictions, were within the range of lawful and reasonable outcomes in the context of the existing Cadia Valley Operations and...

Court Disposition

Proceedings dismissed.

Orders

  • ['Proceedings dismissed.' 'The applicant must pay the costs of the respondents unless by 4pm on 31 July 2015 any party notifies my associate and the other parties that it or he wishes to seek a different order for costs.' 'Exhibits may be returned.']