New Acland Coal Pty Ltd v Ashman & Ors and Chief Executive, Department of Environment and Heritage Protection

New Acland Coal Pty Ltd sought an order for disclosure of documents in an administrative enquiry conducted by the Chief Executive of the Department of Environment and Heritage Protection, in relation to objections to mining lease applications and associated environmental authority. The matter was heard by the Land Court, which was required to determine whether it had jurisdiction to order disclosure in this context.

The primary legal issue before the court was whether the Land Court had the authority to order disclosure in an administrative enquiry. The court considered various sections of the Land Court Act 2000, the Land Court Rules 2000, section 188 of the Environmental Protection Act 1994, and Practice Direction 1 of 2015. The court found that the Land Court is a creature of statute and its powers are defined by the relevant legislation. Section 7 and 7A(1)(a) of the Land Court Act provide that the court is not bound by the rules of evidence and may inform itself in the way it considers appropriate, but only within the jurisdiction conferred upon it by statute. Section 7A(1) confers the powers of the Supreme Court onto the Land Court when exercising its jurisdiction, but this power is only conferred when the Land Court is exercising its jurisdiction under the Land Court Act or another Act. The court concluded that the Land Court does not have jurisdiction to order disclosure in this context unless the Land Court Act is amended or rules providing for disclosure are made pursuant to section 21(3)(b) of the Land Court Act.

The court held that the Land Court does not have jurisdiction to order disclosure in an administrative enquiry such as this. The application for disclosure was therefore refused.

ORDERS:
The application for disclosure is refused.