Re Calcifer Industrial Minerals Pty Ltd

In this matter, Calcifer Industrial Minerals Pty Ltd applied for a mining lease under the Mineral Resources Act 1989. The application was for a lease over land situated approximately 11.5 km west of Almaden, for the purpose of mining for calcite/aragonite, limestone, marble, and for the establishment of dams and treatment sites, for a term of 20 years. The application was lodged on 26 June 2003, and no objections were raised by 27 October 2008.

The court was required to determine whether the application complied with the relevant provisions of the Mineral Resources Act 1989 and whether the lease should be granted based on the criteria set out in section 269(4). The court examined whether the provisions of the Act had been complied with, whether the land was mineralised or if the other purposes for which the lease was sought were appropriate, whether there would be an acceptable level of development and utilisation of the mineral resources, whether the size and shape of the land and the surface area of that land in respect of which the mining lease was sought were appropriate, whether the term sought was appropriate, whether the applicant had the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease, whether the applicant's past performance was satisfactory, whether any disadvantage would result to the holders of existing exploration permits or mineral development licences or existing applicants for exploration permits or mineral development licences, whether the operations to be carried on under the authority of the mining lease conformed to sound land use management, whether there would be any adverse environmental impacts and if so, the extent thereof, whether the public right and interest would be prejudiced, and whether any good reason had been shown for a refusal to grant the mining lease.

The court was satisfied that the provisions of the Act had been complied with, and there was sufficient information before it to properly consider the application. The court found that the area was generally mineralised, and the applicant proposed to mine the area with machinery and a mobile plant. The court was satisfied that there would be an acceptable level of development and utilisation of the mineral resources in the area. The size and shape of the land and the surface area of that land in respect of which the mining lease was sought were appropriate, and the term sought was also appropriate. The applicant had the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease. The applicant's past performance was satisfactory, and there were no other holders or applicants for exploration tenures who would be affected by the grant. The court was satisfied that the operations to be carried on under the authority of the mining lease conformed to sound land use management, and there were no adverse environmental impacts, nor would the public right and interest be prejudiced. The court found that there was no good reason to refuse the grant of the mining lease.

The court recommended to the Honourable the Minister for Mines and Energy that the Mining Lease be granted over the whole of the application area for the purpose and term sought by the applicant. The court dispensed with a hearing of the application as the applicant requested that the matter be dealt with on the papers by a member sitting alone.