NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Martin v NSW Minister for Mineral and Forest Resources [2010] NSWLEC 131
APPLICANT Anthony Gilbert Martin PARTIES : RESPONDENT NSW Minister for Mineral and Forest Resources
FILE NUMBER(S) : 80002 of 2010
CORAM: Biscoe J
KEY ISSUES: MINES AND MINERALS :- validity of refusal by Minister's delegate of an application for an exploration licence
LEGISLATION CITED: Interpretation Act, ss 30(1)(b), 48(2). Mining Act 1992, ss 13(1), 293(1)(q)(ii), 363(1).
DATES OF HEARING: 26 July 2010
DATE OF JUDGMENT: 26 July 2010
APPLICANT: Mr A G Martin (in person) SOLICITORS: n/a LEGAL REPRESENTATIVES: RESPONDENT: Ms C Spruce SOLICITORS: Crown Solicitor's Office
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BISCOE J
26 July 2010
80002 of 2010
ANTHONY GILBERT MARTIN v MINISTER FOR MINERAL AND FOREST RESOURCES
JUDGMENT 1 HIS HONOUR: The applicant commenced what appeared to be judicial review proceedings challenging the validity of the respondent Minister's refusal of an exploration licence under the Mining Act 1992. The proceedings are part heard before a commissioner. There are two notices of motion before me:
(a) a notice of motion by the applicant, Anthony Gilbert Martin, seeking against the respondent, the NSW Minister for Mineral and Forest Resources, summary judgment, interim orders and leave to serve subpoenas; (b) a notice of motion by the Minister seeking a determination, as a separate question before any further hearing of the proceedings, as to whether the Court has merits review jurisdiction under s 293(1)(q)(ii) of the Mining Act 1992 which provides: "The Land and Environment Court has jurisdiction to hear and determine proceedings relating to any of the following matters:
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