High Court of Australia
High Court of Australia Barwick C.J. Gibbs, Stephen, Jacobs and Murphy JJ. Sinclair v Mining Warden at Maryborough [1975] HCA 17
ORDER Appeal allowed. Order of the Supreme Court of Queensland set aside, and in lieu thereof order that a writ of mandamus be directed to the first-named respondent requiring him to hear and consider the applications by Queensland Titanium Mines Pty Ltd, for mineral leases nos. 131, 132, 133, 134 and 136 on Fraser Island and the objections of the appellant thereagainst according to law. Appellant's costs in the proceedings in this Court and in the Supreme Court to be paid by the second-named respondent.
The following written judgments were delivered:—
May 28 Barwick C.J.
On 20th December 1972, the second respondent lodged with the warden for the mining district of Maryborough three applications for mining leases, in each case of an area of 320 acres of Crown land on Fraser Island for the purpose of winning rutile, zircon, ilmenite, monazite, magnetite and leucoxene. On the same date, the second respondent lodged a fourth application for a mining lease of 200 acres of Crown land on Fraser Island for the same purpose. Two of these parcels of land, each rectangular in shape, were contiguous throughout their greater length. Each of the other areas, also rectangular in shape, abutted on one of the other two areas for a very short distance of its boundary.
To each of these applications the appellant lodged an objection as he was entitled to do under reg. 40 of the Mining Regulations made pursuant to s. 106 (2) (iii) of the Mining Act, 1968 Q (the Act). On 29th May the second respondent lodged with the same warden an application for a mining lease of 151 acres of Crown land in the Parish of Talboor for the purpose of road access from a mining lease SML. 84 to the jetty and mine materials holding area. This was an application under s. 21 (1) (b). The applicant lodged an objection to this application on the same grounds as his earlier objections. Those grounds were as follows:
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