Gold and Copper Resources Pty Limited v The Hon Chris Hartcher, Minister for Resources and Energy, Special Minister

Gold and Copper Resources Pty Limited (the applicant) sought judicial review of a decision by the Minister for Resources and Energy (the respondent) refusing to renew an exploration licence. The applicant had submitted an application for renewal within the statutory timeframe. However, a revised front page of the application was subsequently submitted out of time. The applicant contended that this revised front page did not constitute a withdrawal or final disposal of the original application, nor did it amount to a new application.

The central legal issues before the Court of Appeal were the proper construction of the terms "finally disposed of" and "withdrawal" within the context of the *Mining Act 1992* (NSW). Specifically, the court had to determine whether the submission of the new front page, after the statutory deadline for the original application, had the effect of withdrawing or finally disposing of the initial timely application, thereby precluding its renewal. The court also considered whether an application could be withdrawn otherwise than in accordance with section 130 of the *Mining Act 1992* and the overall statutory scheme governing the renewal of exploration licences.

The Court of Appeal held that the submission of the new front page, which contained material changes, effectively constituted a new application and that the original application had been abandoned or withdrawn by the applicant's conduct. The court reasoned that the applicant's actions demonstrated an intention to substitute the original application with the revised one, and that this substitution occurred after the statutory deadline for lodging a valid application for renewal. Consequently, the court dismissed the appeal, finding that the Minister's refusal to renew the licence was lawful. The appellant was ordered to pay the respondent's costs of the appeal.