Mount Read and Rosebery Mines Limited Leases Act (Repeal) Act 1999 (TAS)

Mount Read and Rosebery Mines Limited Leases Act (Repeal) Act 1999 was considered in the Supreme Court of Tasmania, where the applicants challenged the validity of the act. The applicants, who held certain mining and water licences under the repealed Act, argued that the repeal of the original act without their consent was unconstitutional. They contended that the act was passed without proper legislative procedure and that it deprived them of their property without just compensation.

The court was tasked with determining whether the repeal of the Mount Read and Rosebery Mines Limited Leases Act 1916 was valid and whether the applicants' rights under the repealed act were adequately protected. The legal issues centred on the constitutionality of the repealing act, the validity of the legislative process, and the rights of the applicants under the repealed act.

The court found that the repealing act was valid and that the legislative process was in accordance with constitutional requirements. The court held that the applicants' rights under the repealed act were adequately protected by the provisions of the Mineral Resources Development Act 1995, which converted the mining leases into mining tenements. Regarding the water licences, the court determined that the applicants' rights were extinguished by the repealing act, but the court found that the act did not deprive the applicants of their property without just compensation, as the Mining Act provided a mechanism for compensation.

The court ordered that the applicants' claims be dismissed. The court found that the repealing act was valid and that the applicants' rights under the repealed act were adequately protected by the Mineral Resources Development Act 1995. The court further found that the applicants' rights under the water licences were extinguished by the repealing act, but this did not amount to a deprivation of property without just compensation.