Carter v Minister for Resources [2019] NSWLEC 83

Carter v Minister for Resources [2019] NSWLEC 83

The mining lease was granted in contravention of the Mining Act 1992 because the required objection, concerning agricultural land, was not determined before the lease grant; as a result, the Minister acted beyond power and the lease is invalid and of no effect. Declaration of invalidity is appropriate to publicly confirm this status. Indemnity costs are not warranted as respondents' conduct was not unreasonable.

Jurisdiction
Australia
Judgment Date
12 June 2019
Procedural Posture
Civil Mining/administrative Law / Judgment After Hearing
Outcome
Declaration made that mining lease is invalid and of no effect; first and second respondents to pay applicant's costs on ordinary basis.
Legal Topics
['mining Lease Grant' 'jurisdictional Error' 'declaratory Relief' 'costs']
['mining Law' 'administrative Law'] ['mining Lease Grant' 'jurisdictional Error' 'declaratory Relief' 'costs']

Case Brief

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Procedural Posture

Civil Mining/administrative Law / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the mining lease was invalid due to breach of statutory provisions' 'Whether a declaration of invalidity should be made' 'Whether costs should be awarded on an indemnity basis']

Ratio Decidendi

The mining lease was granted in contravention of the Mining Act 1992 because the required objection, concerning agricultural land, was not determined before the lease grant; as a result, the Minister acted beyond power and the lease is invalid and of no effect. Declaration of invalidity is appropriate to publicly confirm this status. Indemnity costs are not warranted as respondents' conduct was not unreasonable.

Court Disposition

Declaration made that mining lease is invalid and of no effect; first and second respondents to pay applicant's costs on ordinary basis.

Orders

  • ['Declares that mining lease no 1763 dated 4 October 2017 granted by the Minister for Resources to EMC Metals Australia Pty Ltd is invalid and of no effect.' "Orders the first and second respondents to pay the applicant's costs of the proceedings."]