DC & DS Bradey Pty Ltd v State of SA & PGH Industries Ltd No. Scgrg-96-434 Judgment No. 6321 Number of Pages 32 Mining Law Legislation Relating to Mining for Minerals

DC & DS Bradey Pty Ltd sought judicial review of a proclamation made by the Governor under the Mining Act 1971, declaring a grant of a private mine in respect of their land. The grant of the private mine was made to PGH Industries Ltd. The proclamation was made on 29 November 1973. The plaintiff instituted these proceedings on 12 February 1996. The plaintiff sought an order in the nature of certiorari to quash the proclamation and for declarations. The plaintiff also sought an extension of time in which to bring these proceedings. The issues for determination were: (1) whether the plaintiff was defeated by delay; (2) whether the defendant PGH was entitled to apply for the grant of a private mine; (3) whether the grant of the private mine was ultra vires and whether it should be set aside; and (4) whether the proclamation was made in breach of the rules of procedural fairness. The court held that the plaintiff was not defeated by delay. The plaintiff was not aware of the proclamation until about 24 April 1995. The court held that PGH was not entitled to apply for a private mine. The court held that PGH was not divested of its property in minerals on the plaintiff's land and therefore could not satisfy the pre-requisite in s19(1)(a) of the Mining Act 1971. The court held that PGH was not entitled to apply for a private mine in respect of the plaintiff's land because it was not a person entitled to apply pursuant to s19(1)(16) of the Act. The court held that the requirements for s19 had not been satisfied. The court held that the Governor had no power to make the proclamation and that the making of the proclamation was ultra vires. The court held that the plaintiff was entitled to an order extending the time within which to make this application and to an order setting aside the proclamation made on 29 November 1973. The court held that the plaintiff was entitled to notice of the application for a private mine and that the grant of a private mine was made in breach of the rules of procedural fairness.