Wade v NSW Rutile Mining Co Pty Ltd [1969] HCA 28

Wade v NSW Rutile Mining Co Pty Ltd [1969] HCA 28

Section 70D of the Mining Act, 1906-1964 (NSW) precludes the grant of an authority to enter, or a lease, where bona fide mining operations are being carried on by or with the concurrence of the owner at the time of application, whether for authority to enter or for a lease, as the case may be. The Act does not curtail the common law rights of landowners to mine their own land for unreserved minerals except by express words. Therefore, the applicant's claim fails and the appeal must be dismissed.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment
Legal Topics
['authorities to Enter' 'mining on Private Land' 'application for Mining Lease' 'common Law Rights of Landowners' 'interpretation of Mining Act']
['mining Law'] ['authorities to Enter' 'mining on Private Land' 'application for Mining Lease' 'common Law Rights of Landowners' 'interpretation of Mining Act']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether s. 70D of the Mining Act, 1906-1964 (NSW) prevents the grant of a mining lease where bona fide mining operations are carried on by or with the concurrence of the owner at the time of application.' 'Whether an application for authority to enter or lease under the Act restricts landowner mining operations.' 'If common law rights of landowners are diminished by statutory provisions or only by express words.']

Ratio Decidendi

Section 70D of the Mining Act, 1906-1964 (NSW) precludes the grant of an authority to enter, or a lease, where bona fide mining operations are being carried on by or with the concurrence of the owner at the time of application, whether for authority to enter or for a lease, as the case may be. The Act does not curtail the common law rights of landowners to mine their own land for unreserved minerals except by express words. Therefore, the applicant's claim fails and the appeal must be dismissed.

Court Disposition

Orders

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