Caroona Coal Action Group Inc v Coal Mines Australia Pty Limited and Minister for Mineral Resources (No 2) [2010] NSWLEC 1

Reported Decision : (2010) 172 LGERA 25 [2010] ALMD 3485

Land and Environment Court of New South Wales

CITATION : Caroona Coal Action Group Inc v Coal Mines Australia Pty Limited and Minister for Mineral Resources (No 2) [2010] NSWLEC 1

APPLICANT Caroona Coal Action Group Inc

PARTIES : FIRST RESPONDENT Coal Mines Australia Pty Limited

SECOND RESPONDENT Minister for Mineral Resources

FILE NUMBER(S) : 80003 of 2009

CORAM: Preston CJ

KEY ISSUES: JUDICIAL REVIEW :- exploration licences - renewal of licence - subjective statutory pre-condition to renewal - decision-maker must be satisfied that special circumstances exist justifying renewal over certain area - whether challenger established that decision-maker not so satisfied - statutory limit of 5 years on period of renewal - renewal to be construed so as not to exceed statutory power - whether legislative intention that renewal in breach of statutory limit should be invalid - whether privative clause precludes challenge to renewal for breach of statutory limit - partial transfer of licence - whether document or instrument of transfer between transferor and transferee required under statute to effect transfer - statute provides that new authority over part transferred is taken to have been granted for period ending on date of old authority - document setting out terms of new authority purported to provide for later date of expiry - whether any legal consequence - expiry date fixed by operation of statutory provision not terms of new authority - licence to be construed so as not to exceed statutory power - whether legislative intention that renewal in breach of statutory provision should not be invalid - whether privative clause precludes challenge to partial transfer in breach of statutory provision