The Commonwealth of Australia v Newcrest Mining (WA) Ltd & Ors [1995] FCA 362

CATCHWORDS

CONSTITUTIONAL LAW - Northern Territory - self-government - acquisition of land by Commonwealth for National Park purposes - pre-existing mineral interests held from Commonwealth - limit of authority of Territory legislature under self-government - position between Commonwealth and Territory inter se - limit of operation of s 52(i) of the Constitution - extent of Commonwealth legislative power under s 122 of the Constitution. MINING LEASES AND LICENCES - Northern Territory - mining leases - effect of transition to self-government - subsequent acquisition of land comprising leases by Commonwealth - terms and conditions on which held - power of Territory administration to renew - right of renewal - whether Territory administration agent of Commonwealth in purported renewal of leases - whether Commonwealth precluded from denying purported renewals - election and waiver - estoppel through representational conduct - estoppel through common assumption - whether the enactment of the Mining Act 1980 (NT) altered lessee's interest - whether transfer of leases valid - whether absence of consent to renewal significant. AGENCY - Northern Territory administration - purported renewal of mineral interests - whether acting as agent of Commonwealth - evidence as to administration of relevant areas - evidence as to doubt about validity of renewals. ESTOPPEL - election or waiver - uncertainty as to validity of renewals of mineral interests - Commonwealth issued authorities under Lands Acquisition Act 1955 (Cth) - no election or waiver by Commonwealth - estoppel through representational conduct - Ministerial statements - silence - no request for clarification - estoppel arising from common assumption - evidence as to common assumption of general validity of mineral interests. Lands Acquisition Act 1955 (Cth) - s (5)(1)). Northern Territory (Self-Government) Act 1978 - s 6, s 49, s 50, sub-s 50(1), sub-s 50(2), s 51, s 57, sub‑s 57(1), sub‑s 57(3) s 69, sub‑s 69(2), sub-s 69(3), sub‑s 69(4), s 70, sub‑s 70(2), sub‑s 70(3), sub-s 70(4), sub‑s 70(6), sub‑s 70(11). Amendment Act Mining Ordinance 1939 (NT) - s 7, s 39, s 42, s 45, s 49 Transfer of Powers (Self-Government) Ordinance 1978 The Constitution - sub‑s 51(xxxi), sub-s 52(i), s 92, s 109, s 111, s 122.