Martin v The State of New South Wales [2012] NSWLEC 182

Land and Environment Court New South Wales

Medium Neutral Citation: Martin v The State of New South Wales [2012] NSWLEC 182 Hearing dates: 19 - 20 June 2012 Decision date: 03 August 2012 Jurisdiction: Class 8 Before: Lloyd AJ Decision: DECLARATION ORDERS 1.A declaration that the refusal of the application for renewal of Exploration Licence 6949 on 6 December 2010 and published in the New South Wales Government Gazette No. 135 on 17 December 2010 is invalid. 2.Order that the application for renewal of Exploration Licence 6949 made on 27 October 2009 be remitted to the Minister for Resources and Energy for consideration. 3.Order that the summons be otherwise dismissed. 4.Order that the question of costs be reserved. 5.Order that the exhibits may be returned. Catchwords: JUDICIAL REVIEW - exploration licences under Mining Act 1992 - legitimate expectation - means "reasonable expectation" - whether applicant afforded a reasonable opportunity to present his case - whether Minister's delegate validly appointed. Legislation Cited: Interpretation Act 1987, s 48(2) Land and Environment Court Act 1979, s 21C Mining Act 1992, s 114(1)(5)(6), 293, 363 Cases Cited: Australian Coal & Shale Employees' Federation v The Commonwealth (1953) 94 CLR 621 Kioa v West (1985) 159 CLR 550 Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6, 214 CLR1 Norbis v Norbis (1986) 161 CLR 513 Category: Principal judgment Parties: Anthony Gilbert Martin (Applicant) State of New South Wales (Respondent) Representation: Counsel Mr H El-Hage (Respondent) Solicitors Anthony Gilbert Martin (litigant in person) (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 80001 of 2011