Gold & Copper Resources Pty Limited v The Hon Chris Hartcher, Minister for Resources & Energy, Special Minister [2015] NSWCA 57

Gold & Copper Resources Pty Limited v The Hon Chris Hartcher, Minister for Resources & Energy, Special Minister [2015] NSWCA 57

The phrase "finally disposed of" in ss 117 and 131 refers, in this context, to the Minister granting renewal or refusing the renewal application under s 114. The Act establishes a documented and recorded scheme in which an application for renewal cannot be withdrawn except by a notice lodged under s 130. Newcrest did not lodge such a notice, and sending a replacement first page specifying a five year renewal did not withdraw, finally dispose of, or replace the original timely renewal application. The original application remained pending and was capable of enlivening the Minister's power to renew the licence.

Jurisdiction
Australia
Judgment Date
19 March 2015
Procedural Posture
Appeal on a Question of Law Concerning Renewal of an Exploration Licence Under the Mining Act 1992 (nsw) / Appeal From a Land and Environment Court Decision Dismissing a Challenge to the Validity of the Renewal
Outcome
Appeal dismissed.
Legal Topics
['renewal of Exploration Licence' 'pending Applications' 'withdrawal of Application' 'meaning of "finally Disposed Of"' 'ministerial Power to Renew Authority']
['administrative Law' 'statutory Construction' 'mining Law'] ['renewal of Exploration Licence' 'pending Applications' 'withdrawal of Application' 'meaning of "finally Disposed Of"' 'ministerial Power to Renew Authority']

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Procedural Posture

Appeal on a Question of Law Concerning Renewal of an Exploration Licence Under the Mining Act 1992 (nsw) / Appeal From a Land and Environment Court Decision Dismissing a Challenge to the Validity of the Renewal

Legal Issues

  1. 1 ["Whether, when the Minister's delegate renewed the exploration licence on 8 October 2009, there was an application pending within the meaning of the Mining Act 1992 (NSW)." 'Whether the original renewal application had been finally disposed of within the meaning of ss 117 and 131 before the renewal decision was made.' 'Whether an application for renewal could be withdrawn or abandoned otherwise than by a notice lodged under s 130.' "Whether Newcrest's replacement first page specifying a five year renewal constituted a new application lodged out of time."]

Ratio Decidendi

The phrase "finally disposed of" in ss 117 and 131 refers, in this context, to the Minister granting renewal or refusing the renewal application under s 114. The Act establishes a documented and recorded scheme in which an application for renewal cannot be withdrawn except by a notice lodged under s 130. Newcrest did not lodge such a notice, and sending a replacement first page specifying a five year renewal did not withdraw, finally dispose of, or replace the original timely renewal application. The original application remained pending and was capable of enlivening the Minister's power to renew the licence.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed;' "Appellant to pay the respondents' costs of the appeal."]