Martin & Ors v Hume Coal Pty Ltd [2015] NSWLEC 1461

Land and Environment Court New South Wales

Medium Neutral Citation: Martin & Ors v Hume Coal Pty Ltd [2015] NSWLEC 1461 Hearing dates: 27 August ,14,15,16 17 September 2015 Decision date: 13 November 2015 Jurisdiction: Class 8 Before: Dixon C Decision: The Court orders: (1) The summons dated 12 May 2015 is dismissed. (2) Order that the plaintiffs pay the defendant's costs of the proceedings unless within 14 days from the date of these orders the plaintiffs apply to the registrar to relist the matter for the hearing of argument as to costs. (3) The exhibits are returned. Catchwords: APPEAL – mining – exploration licence - meaning of the phrase 'rights conferred by the licence' in s31(1) of the Mining Act 1992 – whether the 'rights conferred by the licence' in s31 are extended by the terms of the conditions attached to the licence - including a right to access the surface of the land by vehicle to carry out prospecting and/or prospecting operations - whether identified improvements are 'other valuable works' and thereby are 'significant improvements' under s31(1) Legislation Cited: Interpretation Act 1989 (NSW Mining Act 1992 (NSW) Mining Act (Improvement of Lands) Act 2008 (NSW) State Environmental Planning Policy (Mining Petroleum Production and Extractive Industries) 2007 (NSW) Mining Act Regulations 2010 (NSW) Cases Cited: Project Blue Sky Ltd v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 Minister for Urban Affairs v Rosemount Estate Pty Ltd (1996) 91 LGERA 31 Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc [2014] NSWCA 105; (2014) 86 NSWLR 527 Kayuga Coal Pty Ltd v John Ducey [2000] NSWCA 54 CCM Holdings Trust Pty Ltd v Chief Commissioner of State Revenue [2013] NSWSC 1072 Newland Coal Mines Pty Ltd v Minister for Mineral Resources [2007] NSWSC 1299 Lightning Ridge Miners Association Ltd v Slack-Smith and Anor [2013] NSWLEC 1063 Trust Company of Australia Ltd v The Valuer General [2007] NSWCA 181 Goode v Valuer General [1979] 22 SASR 247 Kelly v The Queen [2004] HCA 12; 218 CLR 216 Ulan Coal Mines Ltd v Minister For Mineral Resources [2007]NSWSC 1299 Category: Principal judgment Parties: Peter Martin (Applicant 1) Phillip Pollicina (Applicant 2) Fesen Pty Ltd (Applicant 3) Ross Alexander (Applicant 4) Kathleen Roche (Applicant 5) Hume Coal Pty Limited (Respondent) Representation: Counsel: Robert White (Applicants) Richard Beasley SC with Amy Knox (Respondent) Solicitors: Marylou Potts Pty Ltd (Applicants) Sparke Helmore Lawyers File Number(s): 80405 of 2015