Gold and Copper Resources Pty Ltd v The Hon. Chris Hartcher MP, Minister for Resources and Energy

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Gold and Copper Resources Pty Ltd v The Hon. Chris Hartcher MP, Minister for Resources and Energy

[2015] NSWLEC 116

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Gold and Copper Resources Pty Ltd v The Hon. Chris Hartcher MP, Minister for Resources and Energy

[2015] NSWLEC 116

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Gold and Copper Resources Pty Ltd v The Hon. Chris Hartcher MP, Minister for Resources and Energy [2015] NSWLEC 116 Hearing dates:7 April 2014Date of orders: 21 July 2015 Decision date: 21 July 2015 Jurisdiction:Class 8Before: Craig J Decision: (1) Proceedings dismissed.(2) The applicant must pay the costs of the respondents unless by 4pm on 31 July 2015 any party notifies my associate and the other parties that it or he wishes to seek a different order for costs.(3) Exhibits may be returned. Catchwords: JUDICIAL REVIEW – validity of mining leases – mining leases sought and granted for mining purposes only – applications for exploration licences pending when mining lease applications were made – no consent to mining leases by applicant for exploration licences – whether consent required – mining lease applications not accompanied by ‘required information’ – whether failure to provide that information engages the deemed refusal provision of cl 76(9) of the Mining Regulation 2010 – whether the grant of mining leases was manifestly unreasonable – Mining Act 1992 (NSW), ss 51(4) and (5); s 58(1)(c)(i) Legislation Cited: Civil Procedure Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Evidence Act 1995 (NSW) s 118 Mining Act 1992 (NSW) Mining Regulation 2010 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Australian Communications Network Pty Ltd v ACCC [2005] FCAFC 221; 146 FCR...

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Gold and Copper Resources Pty Ltd v The Hon. Chris Hartcher MP, Minister for Resources and Energy

[2015] NSWLEC 116

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Gold and Copper Resources Pty Ltd v The Hon. Chris Hartcher MP, Minister for Resources and Energy [2015] NSWLEC 116 Hearing dates:7 April 2014Date of orders: 21 July 2015 Decision date: 21 July 2015 Jurisdiction:Class 8Before: Craig J Decision: (1) Proceedings dismissed.(2) The applicant must pay the costs of the respondents unless by 4pm on 31 July 2015 any party notifies my associate and the other parties that it or he wishes to seek a different order for costs.(3) Exhibits may be returned. Catchwords: JUDICIAL REVIEW – validity of mining leases – mining leases sought and granted for mining purposes only – applications for exploration licences pending when mining lease applications were made – no consent to mining leases by applicant for exploration licences – whether consent required – mining lease applications not accompanied by ‘required information’ – whether failure to provide that information engages the deemed refusal provision of cl 76(9) of the Mining Regulation 2010 – whether the grant of mining leases was manifestly unreasonable – Mining Act 1992 (NSW), ss 51(4) and (5); s 58(1)(c)(i) Legislation Cited: Civil Procedure Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Evidence Act 1995 (NSW) s 118 Mining Act 1992 (NSW) Mining Regulation 2010 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Australian Communications Network Pty Ltd v ACCC [2005] FCAFC 221; 146 FCR...