Gold & Copper Resources Pty Limited v The Hon Chris Hartcher, Minister for Resources & Energy, Special Minister [2015] NSWCA 57

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gold & Copper Resources Pty Limited v The Hon Chris Hartcher, Minister for Resources & Energy, Special Minister [2015] NSWCA 57 Hearing dates: 24 February 2015 Decision date: 19 March 2015 Before: Beazley P; Macfarlan JA; Gleeson JA Decision: (1) Appeal dismissed; (2) Appellant to pay the respondents' costs of the appeal. Catchwords: ADMINISTRATIVE LAW – renewal of exploration licence under the Mining Act 1992 – where application for renewal was submitted on time – where new front page of application was submitted out of time

ADMINISTRATIVE LAW – whether sending of new first page constitutes withdrawal or final disposal of original application under the Mining Act 1992 – whether new first page constitutes new application

STATUTORY CONSTRUCTION – meaning of "finally disposed of" in ss 117 and 131 of the Mining Act 1992 – whether application may be withdrawn otherwise than pursuant to s 130 of the Mining Act 1992 – overall scheme of the Mining Act 1992 Legislation Cited: Land and Environment Court Act 1979 (NSW) Mining Act 1992 (NSW) Mining Regulation 2003 (NSW) Cases Cited: Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross [2012] HCA 56; 248 CLR 378 Gold and Copper Resources Pty Limited v Minister for Resources and Energy [2013] NSWLEC 66 Category: Principal judgment Parties: Gold & Copper Resources Pty Limited (Appellant) The Hon Chris Hartcher, Minister for Resources & Energy, Special Minister (First Respondent) Newcrest Operations Limited (Second Respondent) Representation: Counsel: T Alexis SC; R J Hardcastle (Appellant) T Hale SC; L Waterson (First Respondent) I Jackman SC; S A Lawrence (Second Respondent)