Manna Hill Resources Ltd v South Australia

Manna Hill Resources Ltd (Manna Hill) sought judicial review of a decision by the Minister for Primary Industries and Resources of South Australia (the Minister) to refuse its application for a mining tenement. The dispute concerned the interpretation and application of the *Mining Act 1971* (SA) and the *Native Title Act 1993* (Cth) in relation to Manna Hill's exploration licence application. The matter came before the High Court of Australia.

The High Court was required to determine whether the Minister's decision to refuse the mining tenement application was vitiated by an error of law. Specifically, the court had to consider whether the Minister had failed to take into account a relevant consideration, namely the potential impact of the proposed mining operations on native title rights and interests, and whether the Minister had given sufficient weight to the provisions of the *Native Title Act 1993* (Cth) when making the decision under the *Mining Act 1971* (SA).

Gummow and Hayne JJ held that the Minister's decision was affected by an error of law. Their Honours reasoned that the *Mining Act 1971* (SA) required the Minister to consider the potential impact on native title rights and interests, and that the Minister's reasons for refusal did not demonstrate that this consideration had been adequately undertaken. The court emphasised that the statutory framework governing mining tenements in South Australia, particularly in light of the *Native Title Act 1993* (Cth), necessitated a proper assessment of native title implications before a decision to grant or refuse a tenement could be lawfully made.

The High Court allowed the appeal, quashed the Minister's decision, and remitted the application for determination according to law.