Director of Mines v Matovinovic

[2018] SAWC 1

Wardens Court of South Australia

(District Court Administrative and Disciplinary Division)

DIRECTOR OF MINES v MATOVINOVIC

[2018] SAWC 1

Judgment of Senior Warden Dr Cannon

29 May 2018

ENERGY AND RESOURCES - MINERALS - MINING FOR MINERALS - LAND AVAILABLE FOR EXPLORATION OR MINING PURPOSES - GENERALLY

DIRECTOR OF MINES v MATOVINOVIC
[2018] SAWC 1

1. This claimholder had a partnership arrangement.  It was to be 50/50.  The other partner was doing the actual work and drilling and the other partner put his address on the notice of pegging.  The department went out and inspected after the statutory holiday and found no arms on the southeast peg, registration number not properly recorded, and the northeast peg was down – there are photos that show that. 

2. They sent a rectification letter to the address given on the notice of pegging and, of course, it went to the partner, not to the claim holder Mr Matovinovic. 

3. It did not come to the claimholders attention and so he did not immediately respond but by chance he found out about the problem and he has now attended and the department agrees that he has rectified the problem with the pegs. 

4. It is clearly a breach of the regulations in a material respect.  As to whether it is of sufficient gravity, I respect the claimholder’s intention to surrender the claim.  He does not want the ‘black mark’ of having an order for forfeiture against him, and having learnt from this experience as a relatively novice miner, I accept his undertaking that he will surrender this claim if I decline to forfeit it.

5. So, I find it is not of sufficient gravity and I rely on your undertaking that you will surrender the claim within 21 days and so you keep the claim but on that understanding that it will not be there in 21 days’ time.  You pull the pegs, you tell the department about that and then you can use your pegs properly the next time.