Moolarben Coal Mines Pty Ltd v Director-General of the (former) Department of Industry and Investment NSW (Agriculture Division); Moolarben Coal Mines Pty Ltd v Director-General of the Department Trade and Investment, Regional Infrastructure and Services [2011] NSWLEC 191

Moolarben Coal Mines Pty Ltd v Director-General of the (former) Department of Industry and Investment NSW (Agriculture Division); Moolarben Coal Mines Pty Ltd v Director-General of the Department Trade and Investment, Regional Infrastructure and Services [2011] NSWLEC 191

Moolarben was denied procedural fairness because it was not informed when the objection was referred to the Director-General (Agriculture) and thus was deprived of an opportunity to make submissions or provide material to the decision-maker, as required by law. Additionally, the Director-General (Agriculture) failed to perform the statutory task by not addressing whether the land was 'agricultural land' at both required dates under the Mining Act 1992; this vitiated the determination's validity.

Jurisdiction
Australia
Judgment Date
08 November 2011
Procedural Posture
Judicial Review / Principal Judgment
Outcome
Application granted. Declaration made that the agricultural land determination is invalid and of no effect. Costs ordered against the third respondent.
Legal Topics
['procedural Fairness' 'judicial Review' 'statutory Interpretation' 'wednesbury Unreasonableness']
['administrative Law' 'mining Law'] ['procedural Fairness' 'judicial Review' 'statutory Interpretation' 'wednesbury Unreasonableness']

Case Brief

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Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

  1. 1 ['Whether an applicant for a mining lease is entitled to be heard on an agricultural land objection' 'Whether the applicant was denied procedural fairness' 'Whether the decision-maker was required to consider two relevant dates under the Mining Act 1992 and failed to do so' 'Whether the agricultural land determination was sufficiently certain' 'Whether the decision was manifestly unreasonable (Wednesbury unreasonableness)']

Ratio Decidendi

Moolarben was denied procedural fairness because it was not informed when the objection was referred to the Director-General (Agriculture) and thus was deprived of an opportunity to make submissions or provide material to the decision-maker, as required by law. Additionally, the Director-General (Agriculture) failed to perform the statutory task by not addressing whether the land was 'agricultural land' at both required dates under the Mining Act 1992; this vitiated the determination's validity.

Court Disposition

Application granted. Declaration made that the agricultural land determination is invalid and of no effect. Costs ordered against the third respondent.

Orders

  • ["A declaration that the agricultural land determination made by the first respondent in response to the third respondent's objection in relation to Mining Lease Application No 331 over land owned by the third respondent is invalid and of no effect." "An order that the third respondent pay the applicant's costs of...