Newcrest Mining (WA) Ltd v Commonwealth [1997] HCA 38

High Court of Australia Brennan CJ Dawson, Toohey, Gaudron, McHugh, Gummow and Kirby JJ Newcrest Mining (WA) Ltd v Commonwealth (Matter No S 18/96Matter No S 16/92FC 97/036) [1997] HCA 38

Catchwords

Constitutional law - Validity of proclamations made under National Parks and Wildlife Conservation Act 1975 Cth - Whether s 51(xxxi) operates as a limitation on an exercise of the legislative power of the Commonwealth under s 122 of the Constitution

Constitutional law - Characterisation of a law capable of dual characterisation - Whether s 122 can be relied upon to the exclusion of s 51(xxxi) where a law is capable of dual characterisation

Constitutional law - Meaning of acquisition of property in s 51(xxxi) of the Constitution - Whether proclamation prohibiting mining effects an acquisition of mining tenements

Mining - Validity of mining leases - Mining leases purportedly renewed under Mining Ordinance 1939 NT after commencement of Northern Territory (Self-Government) Act 1978 Cth - Whether right of renewal in existence

Mining - Validity of mining leases - Whether government approval or authority necessary for renewal of particular lease - Whether renewal effective at time of Northern Territory (Self-Government) Act 1978 Cth

Legislation Cited

Constitution of the Commonwealth, ss 51(xxxi), 122.

Northern Territory (Self-Government) Act 1978 Cth ss 50(2), 70.

Northern Territory (Administration) Act 1910 Cth.

National Parks and Wildlife Conservation Act 1975 Cth.

National Parks and Wildlife Conservation Amendment Act 1987 Cth.

Mining Ordinance 1939 NT.

Mining Act 1980 NT.

ORDER

1. Appeal allowed with costs.

2. Set aside the orders of the Full Court of the Federal Court, save in so far as they allowed the appeal and dismissed the cross-appeal to that Court, and in lieu thereof:

(a) declare that immediately prior to the proclamation made on 13 November 1989 under s 7(8) of the National Parks and Wildlife Conservation Act 1975 Cth, each of the mining leases MLNs 78-89 was still in force;