B.F.B. Pty. Limited v Sandfire Resources NL [2019] NSWLEC 1235

Land and Environment Court New South Wales

Medium Neutral Citation: B.F.B. Pty. Limited v Sandfire Resources NL [2019] NSWLEC 1235 Hearing dates: 16 to 17 October 2018; final written submissions 26 October 2018 and 5 November 2018; mention 7 December 2018, further submission 17 December 2018 Date of orders: 30 May 2019 Decision date: 30 May 2019 Jurisdiction: Class 8 Before: Dixon SC Decision: The Court orders: (1) The application for a review of the final determination of the Arbitrator Michael Heaton QC under s 151(2)(a) of the Mining Act 1992 and final access arrangement under s 151 of the Mining Act 1992 dated 8 March 2018 is upheld. (2) The Final Access Arrangement under s 151(2)(b) of the Mining Act 1992 determined by the Arbitrator Michael Heaton QC is modified under s 155(7) to the form in Annexure A to this judgment. (3) Costs reserved. (4) Should the landowner wish to agitate for costs then it may file the necessary Notice of Motion within 14 days from the date of these orders and request that the Motion be returnable before me. (5) The exhibits are returned. Catchwords: MINING – review of final determination of arbitrator under 151(2)(a) of the Mining Act – whether cropped paddocks are "significant improvements" – terms of final access arrangement Legislation Cited: Mining Act 1992 Mining and Petroleum Legislation Amendment (Land Access Arbitration) Act 2015 Cases Cited: Kayuga Coal Pty Ltd v Ducey [2000] NSWCA 54 Martin v Hume Coal Pty Ltd (2016) 215 LGERA 289; [2016] NSWLEC 51 Parramatta City Council v Brickworks Ltd (1972) 128 CLR 1 Parramatta City Council v Shell Company of Australia Ltd [1972] 1 NSWLR 483 at 489-490; (1972) 26 LGRA 25 Ulan Coal Mines Ltd v Minister for Mineral Resources [2007] NSWSC 1299 Category: Principal judgment Parties: B.F.B. Pty. Limited (Applicant) Sandfire Resources NL (Respondent) Representation: Counsel: I Coleman SC (Applicant) R Lancaster SC (Respondent)