Kentia Developments Pty Ltd v The Department of Primary Industries & Resources

[2009] SAWC 19

Wardens Court of South Australia

(District Court Administrative and Disciplinary Division)

KENTIA DEVELOPMENTS PTY LTD v THE DEPARTMENT OF PRIMARY INDUSTRIES & RESOURCES

[2009] SAWC 19

Judgment of Senior Warden Dr Cannon

1 September 2009

MINING LAW

Private mine

KENTIA DEVELOPMENTS PTY LTD v THE DEPARTMENT OF PRIMARY INDUSTRIES & RESOURCES
[2009] SAWC 19

1. I note that this private mine produced in the order of 15,000 tonnes according to Departmental records but nothing has been done since about 1992.  There is nothing so unique about the resource as to make it important from a mineral resources point of view.

2. The private mine has re-vegetated by natural process rather than an effort of the private mine holder. The private mine ownership is separate from the freehold ownership. There are some outstanding rehabilitation issues and in particular some old sand screen plant, some old infrastructure, some rubbish and a car body. Clearly, these need to be removed in a sensitive way that does not disrupt the re-vegetation that has occurred. This court has always regarded adequate rehabilitation as a relevant factor before a declaration is made that proper grounds exist for a private mine to be revoked. This has had legislative force since 2001 when s.73H of the Mining Act 1971 imposed a specific obligation on the holders of private mines to avoid undue damage to the environment.  Proper grounds do not exist here whilst these environmental issues are not resolved. 

3. I now adjourn this matter out of the list with liberty to call it back on once I can be assured that the rehabilitation issues identified by Senior Rehabiliation Officer, Rino Matiazzo, have been attended to.