Martin v Hume Coal Pty Ltd [2016] NSWLEC 51

Land and Environment Court New South Wales

Medium Neutral Citation: Martin v Hume Coal Pty Ltd [2016] NSWLEC 51 Hearing dates: 30 March 2016 Date of orders: 10 May 2016 Decision date: 10 May 2016 Jurisdiction: Class 8 Before: Preston CJ Decision: Orders as set out at [121] Catchwords: APPEAL – appeal against Commissioner for Mining's decision on questions of law – exploration licence – "rights conferred by the licence" – whether accessing land to prospect is a right conferred by licence – "significant improvement" – whether certain works and structures are significant improvements – formed roads and driveways – paddocks with improved pastures – equestrian cross-country event course – cattle laneways – irrigation piping – fences – Commissioner's determination that accessing land for prospecting not an exercise of rights an error of law – Commissioner's consequent determination of no jurisdiction to determine whether particular structures or works significant improvements an error of law – Commissioner's determination that certain works and structures not significant improvements were errors of law

WORDS AND PHRASES – "rights conferred by the licence" – Mining Act 1992, s 31 – "significant improvement" – Mining Act 1992 Legislation Cited: Civil Procedure Act 2005 s 98 Interpretation Act 1987 ss 34, 35 Land and Environment Court Act 1979 s 56A Mining Act 1992 ss 22, 29, 31, 142, 383B, Pts 3, 8, Sch 1, Sch 2 Uniform Civil Procedure Rules 2005 r 42.1, Sch 1 Cases Cited: Goode v The Valuer General (1979) 22 SASR 247 Kayuga Coal Pty Ltd v Ducey [2000] NSWCA 54 Lightning Ridge Miners Association Ltd v Slack-Smith [2013] NSWLEC 1063 Martin & Ors v Hume Coal Pty Ltd [2015] NSWLEC 1461 Parramatta City Council v Brickworks Ltd (1972) 128 CLR 1 Parramatta City Council v Shell Company of Australia Ltd [1972] 1 NSWLR 483; (1972) 26 LGRA 25 Ulan Coal Mines Ltd v Minister for Mineral Resources [2007] NSWSC 1299 Category: Principal judgment Parties: Mr Peter Martin (First Applicant) Mr Phillip Pollicina (Second Applicant) Fesen Pty Ltd (Third Applicant) Mr Ross Alexander (Fourth Applicant) Ms Kathleen Roche (Fifth Applicant) Hume Coal Pty Ltd (Respondent) Representation: Counsel: Mr B W Walker SC with Mr R D White (Applicants) Mr R C Beasley SC with Ms A F Knox (Respondent)