NSW Caselaw
New South Wales Supreme Court
CITATION : Ulan Coal Mines Limited v Minister for Mineral Resources & Anor [2007] NSWSC 1299 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 18; 20-21; 24-28 September; 3 & 11 October 2007
JUDGMENT DATE : 16 November 2007
JUDGMENT OF : Smart AJ at 1
DECISION : See paras 420 and 421
CATCHWORDS : Mining Lease Applications (MLAs) - land surfaces - Correct construction of s 62 of Mining Act 1992 - whether improvements substantial and valuable - whether procedure in s 62 and Schedule 1 has to be followed for prohibitions in s 62(1)(c) to apply - effect of not following such procedures and adhering to time limits - Whether cleared pasture land a substantial and valuable improvement within s 62(1)(c) - Methods of service of notices of MLAs - correct construction of s 383 of Mining Act - Whether notices may be served at place of business and do not have to be served at corporation's registered office - History of Mining Legislation - Meaning of "land" in s 62(1) of Mining Act - Map required to accompany application and notice - technical defects did not invalidate application - Compensation provisions - Effect in declaring Moolarben Coal Project one to which Pt 3A of Environmental Planning & Assessment Act (EP&A Act) applied - Effect of approval of Minister for Infrastructure & Planning - Operation of s 75V of EP&A Act - single assessment and approval process - relationship between Pt 3A of EP&A Act and Mining Act - once approval of Minister of Infrastructure & Planning given, mining lease cannot be refused. - Relief would not be refused on discretionary grounds but refused on substantive grounds
Coal Mining Act 1973 Coal Mining (Amendment) Act 1976 Coastal Protection Act 1979 Environment Planning and Assessment Act (EP&A Act). Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005 EP&A Act Regulation Part 1A Fisheries Management Act 1994. Heritage Act 1977 LEGISLATION CITED : Mining Act 1906 Mining Act 1992 Mining Regulation Mine Subsidence Compensation Act 1961. National Parks and Wildlife Act 1974 Petroleum (Onshore) Act 1991 Protection of the Environment Operations Act 1997 Rivers and Foreshores Improvement Act 1948 Roads Act 1993
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