Commonwealth v Hazeldell Limited [1918] HCA 75

Commonwealth v Hazeldell Limited [1918] HCA 75

In an action between parties who are not the Crown, the reservation of 'all minerals' in a Crown grant must be construed according to the statutory definition in force at the time of the grant. The subsequent statutory declaration that limestone is a mineral did not affect the ownership of limestone in the subject land, as it was not reserved under the 1884 Act's definition at the time of the Crown grant. Thus, Hazeldell Limited was entitled to compensation including the value of the limestone.

Parties
Appellant: The Commonwealth; Respondent: Hazeldell Limited
Jurisdiction
Australia
Judgment Date
05 December 1918
Procedural Posture
Appeal / Final Appellate Judgment After Rehearing Granted by the Full Court, From Supreme Court of New South Wales
Outcome
Appeal dismissed
Legal Topics
Land Acquisition Compensation, Crown Grants and Reservations, Statutory Definitions of Minerals, Effect of Legislative Proclamations on Property Rights
Land Law Mining Law Statutory Interpretation Property Law Land Acquisition Compensation Crown Grants and Reservations Statutory Definitions of Minerals Effect of Legislative Proclamations on Property Rights

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Parties

The Commonwealth

Appellant

Hazeldell Limited

Respondent

Procedural Posture

Appeal / Final Appellate Judgment After Rehearing Granted by the Full Court, From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether, upon compulsory acquisition of land by the Commonwealth, compensation should include the value of limestone deposits where 'all minerals' were reserved to the Crown in the Crown grant;
  2. 2 Whether a subsequent statutory proclamation extending the definition of 'minerals' to include limestone affected the reservation in a prior Crown grant and the grantee's rights;
  3. 3 The construction of section 46(2) of the Mining Act 1906 (N.S.W.) in relation to earlier Crown grants and the scope of mining rights on private land

Ratio Decidendi

In an action between parties who are not the Crown, the reservation of 'all minerals' in a Crown grant must be construed according to the statutory definition in force at the time of the grant. The subsequent statutory declaration that limestone is a mineral did not affect the ownership of limestone in the subject land, as it was not reserved under the 1884 Act's definition at the time of the Crown grant. Thus, Hazeldell Limited was entitled to compensation including the value of the limestone.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs