O’Brien v Slack-Smith & Anor; O’Brien v Hall & Anor; O’Brien v Hall [2015] NSWLEC 1179

Land and Environment Court New South Wales

Medium Neutral Citation: O'Brien v Slack-Smith & Anor; O'Brien v Hall & Anor; O'Brien v Hall [2015] NSWLEC 1179 Hearing dates: 16, 17 December 2014 and written submissions on 11 February 2015, 2 and 6 March 2015 Decision date: 25 May 2015 Jurisdiction: Class 8 Before: Dixon C Decision: (1) The parties are directed to prepare settled copies of the AMPs for each property in accordance with these reasons in the form of the Schedule attached to this judgment and to file the documents within 1 month; (2) in addition to filing printed copies of each AMP, the text of each AMP is to be sent , for my attention, to the Court's email address as a Word 1979-2003 (doc) file and each map forming attachment 2 to an AMP is to be sent, for my attention, to the Court's e -mail address as a .pdf file; (3) the matter is set down for telephone mention before me at 9am on 29 June 2015. (4) if the parties comply with (1) and (2), I will make orders in chambers to give effect to each settled AMP so filed and will vacate the mention of the matter or matters for which such settled AMP has been filed, and (5) reserve liberty to apply by telephone on 3 days notice. Catchwords: APPEAL – MINING - jurisdiction and powers of the Court to determine provisions of an access management plan for small- scale titles pursuant to Part 10A of the Mining Act 1992 for land in Lightning Ridge Legislation Cited: Land and Environment Court 1979 Mining Act 1992 Mining Amendment (Small Scale Title Compensation) Act 2014 Mining Regulation 2012 Western Lands Act 1901 Cases Cited: Rosane Pty Limited v T & P Clarke ;N Perry& R Armstrong v T&P Clarke [2009] NSWLEC 1282; Parkins v LRMA 75 NSWLR 427; Category: Principal judgment Parties: Maxine Anne O'Brien (Plaintiff of 14/80651) Ross Slack-Smith (First Defendant of 14/80651) Genise Janet Slack-Smith (Second Defendant of 14/80651)