Mineralogy Pty Ltd v Western Australia

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, KEANE, GORDON, EDELMAN, STEWARD AND GLEESON JJMINERALOGY PTY LTD & ANOR  PLAINTIFFSANDSTATE OF WESTERN AUSTRALIA  DEFENDANTMineralogy Pty Ltd v Western Australia[2021] HCA 30Dates of Hearing: 15, 16, 17 & 18 June 2021Date of Judgment: 13 October 2021B54/2020ORDERThe questions of law stated in the Special Case filed on 8 April 2021 be answered as follows:1.Is the Iron Ore Processing (Mineralogy Pty Ltd) Agreement Amendment Act 2020 (WA) ("2020 Act") invalid or inoperative in its entirety? Answer: No.2. If the answer to question 1 is "no", are any of the following parts or provisions of the 2020 Act invalid or inoperative (and, if so, to what extent):(a) Part 3;(b)Subsections 8(3)-(5);(c)Subsections 9(1)-(2);(d) Subsections 10(4)-(7);(e)Subsections 11(1)-(7);(f)Subsections 12(1)-(2) and (4)-(7);(g) Subsections 13(4)-(8);(h)Section 14;(i)Subsection 15(5)(b);(j)Subsection 16(3);(k)Subsections 17(4)-(5);(l)Subsections 18(1)-(3) and (5)-(7);(m)Subsections 19(1)-(7);(n)Section 20;(o)Subsections 21(4)-(8);(p)Section 22;(q)Subsection 23(5)(b);(r)Subsection 24(3);(s)Subsections 25(4)-(5); and/or(t)Sections 30 and 31.Answer:Sections 9(1) and 9(2) and 10(4) to 10(7) of the Iron Ore Processing (Mineralogy Pty Ltd) Agreement Act 2002 (WA), as inserted by the 2020 Act, are not invalid or inoperative to any extent. The question is otherwise unnecessary to answer.3.If the answer to question 2 is "yes", are any or all of the invalid provisions of the 2020 Act severable such that the 2020 Act is capable of operating to the extent of the remaining valid provisions?Answer: The question does not arise.4.By whom should the costs of this Special Case be paid?Answer: The plaintiffs. RepresentationD F Jackson QC with M A Karam and H C Cooper for the plaintiffs (instructed...