Hunter Resources Ltd v Melville [1988] HCA 5

Hunter Resources Ltd v Melville [1988] HCA 5

Strict compliance with the marking out requirements under reg 59(b) of the Mining Regulations 1981 (WA), specifically that boundary pegs must be placed at intervals not exceeding 300 metres, is a precondition to the grant of a prospecting licence under the Mining Act 1978 (WA). The warden was correct to refuse the application where there was evidence of pegs placed at intervals greater than 300 metres, and substantial compliance is not sufficient. The appeal succeeded because the Act requires strict observance of the marking out provisions.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court of Australia Judgment on Appeal From Full Court of the Supreme Court of Western Australia
Outcome
Appeal allowed.
Legal Topics
['compliance With Statutory Requirements' 'mandatory and Directory Provisions' "warden's Discretion" 'procedural Compliance in Mining Applications']
['mining Law' 'statutory Interpretation' 'administrative Law'] ['compliance With Statutory Requirements' 'mandatory and Directory Provisions' "warden's Discretion" 'procedural Compliance in Mining Applications']

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Procedural Posture

Appeal / High Court of Australia Judgment on Appeal From Full Court of the Supreme Court of Western Australia

Legal Issues

  1. 1 ["Whether the warden's power to grant a prospecting licence under s 40(1) of the Mining Act 1978 (WA) is conditioned upon strict compliance with reg 59 of the Mining Regulations 1981 (WA) regarding marking out." 'Whether substantial compliance with the marking out requirements is sufficient for a valid application for a prospecting licence.']

Ratio Decidendi

Strict compliance with the marking out requirements under reg 59(b) of the Mining Regulations 1981 (WA), specifically that boundary pegs must be placed at intervals not exceeding 300 metres, is a precondition to the grant of a prospecting licence under the Mining Act 1978 (WA). The warden was correct to refuse the application where there was evidence of pegs placed at intervals greater than 300 metres, and substantial compliance is not sufficient. The appeal succeeded because the Act requires strict observance of the marking out provisions.

Court Disposition

Appeal allowed.

Orders

  • ['Order that the order of the Full Court of the Supreme Court of Western Australia made on 25 March 1987 be set aside.' 'Order that the order nisi for a writ of certiorari made by Franklyn J. be discharged with costs.']