Lightning Ridge Miners Association Limited v Slack-Smith & Anor [2013] NSWLEC 1063

Land and Environment Court New South Wales

Medium Neutral Citation: Lightning Ridge Miners Association Limited v Slack-Smith & Anor [2013] NSWLEC 1063 Hearing dates: 9 and 10 April 2013 Decision date: 16 April 2013 Jurisdiction: Class 8 Before: Moore SC Decision: 1.Pursuant to s 62(6A) of the Mining Act 1992, I determine that the cleared area on Mining Lease Application 361 is not a "significant improvement" for the purposes of s 62(1)(c) of that Act; and 2.The respondents are to pay the applicant's costs as agreed or assessed unless, within 14 days of the date of these orders, the respondents lodge notice in writing with the Court that the respondents wish to be heard as to why some other costs order should be made. Catchwords: "Significant improvement", "other valuable work" Legislation Cited: Civil Procedure Act 2005 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Mining Act 1992 Native Vegetation Act 1993 Uniform Civil Procedure Rules 2005 Cases Cited: Kayuga Coal Pty Limited v John Earl Ducey & 4 Ors [2000] NSWCA 54 Category: Principal judgment Parties: Lightning Ridge Miners Association Limited (Applicant) Slack-Smith, Ross & Slack-Smith, Genise (Respondent) Representation: Mr L Moore (solicitor) (Applicant) Mr R Hetherington (agent) (Respondents) Solicitors Moore & Co (Applicant) Hetherington Exploration & Mining Title Services (Respondent) File Number(s): 81132 of 2012