RE G N CALDER ESQ SM; EX PARTE ST BARBARA MINES LTD & ANOR [1999] WASCA 25

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[1999] WASCA 25
Court:	THE FULL COURT (WA)	Published:	21/05/1999
Case No:	CIV:2249/1998	Heard:	22 APRIL 1999
Coram:	MALCOLM CJ PIDGEON J IPP J	Delivered:	22/04/99
No of pages:	24	Judgment Part:	1 of 1
Result:	Application granted.
PDF Version

Parties:	ST BARBARA MINES LTD GOLDEN SHAMROCK MINES LTD
Catchwords:	Mining law Mineral lease Application for exemption Mineral lease one of a group included within a "project area" by Department of Mines for purposes of exemption from expenditure Whether lease "comprised within a project" "Project" includes a mineral exploration project, a mining project or a combination of both "Project" involves a plan or scheme without requiring a fixed plan or timetable for work on each tenement involved Administrative law Prerogative writs and orders Certiorari Jurisdictional error Whether Warden exercising jurisdiction of an inferior court or an administrative tribunal error of law regarding meaning of project constituted jurisdictional error Craig v South Australia applied
Legislation:	Mining Act 1978 s102, s115A
Case References:	Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Craig v South Australia (1995) 184 CLR 163 Ex parte Warwick John Flint, unreported; SCt of WA; Library No 960320; 3 July 1997 Hazlett v Rasmussen [1973] WAR 141 Hot Holdings Pty Ltd v Creasy (1996) 185 CLR 149 Re Minister for Mines, Fuel and Energy; Ex Parte Trythall (1991) 7 WAR 375 Wade v Burns (1966) 115 CLR 537 Danagher v Racing Penalties Appeal Tribunal (1995) 13 WAR 531 Westside Mines Pty Ltd v Tortola Pty Ltd [1985] WAR 343

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : RE G N CALDER ESQ SM; EX PARTE ST BARBARA MINES LTD & ANOR [1999] WASCA 25 CORAM : MALCOLM CJ

PIDGEON J

IPP J

HEARD : 22 APRIL 1999 DELIVERED : 22 APRIL 1999 PUBLISHED : 21 MAY 1999 FILE NO/S : CIV 2249 of 1998 MATTER : An application pursuant to s102 of the Mining Act 1978 (as amended)

and

An application for a Writ of

Certiorari

against the Warden of Mines at Perth, G N Calder Esq SM

EX PARTE

ST BARBARA MINES LTD

GOLDEN SHAMROCK MINES LTD

Applicants

(Page 2)

Catchwords:

Mining law - Mineral lease - Application for exemption - Mineral lease one of a group included within a "project area" by Department of Mines for purposes of exemption from expenditure - Whether lease "comprised within a project" - "Project" includes a mineral exploration project, a mining project or a combination of both - "Project" involves a plan or scheme without requiring a fixed plan or timetable for work on each tenement involved

Administrative law - Prerogative writs and orders - Certiorari - Jurisdictional error - Whether Warden exercising jurisdiction of an inferior court or an administrative tribunal error of law regarding meaning of project constituted jurisdictional error

Craig…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [1999] WASCA 25
Decision Date: 21 MAY 1999

CaseChat Overview and Summary

In this case, St Barbara Mines Limited applied for a writ of certiorari to quash a decision made by the Warden of the Eyre and Western Mining Division, which refused the company's application for an exemption from expenditure under the Mining Act 1978 (SA). The Warden's decision was based on the interpretation that St Barbara Mines' mineral lease was not part of a "project" within the meaning of the Act. St Barbara Mines argued that its lease was part of a project that involved mineral exploration and mining activities within a designated "project area" by the Department of Mines.

The primary legal issue before the court was whether the Warden's interpretation of the term "project" constituted a jurisdictional error of law. The court had to determine whether the Warden exercised the jurisdiction of an inferior court or an administrative tribunal and, if so, whether the error in interpreting the term "project" was indeed jurisdictional. The court also considered whether the Warden's decision was subject to review under the Administrative Law Act 1978 (SA).

The court found that the Warden's interpretation of the term "project" was indeed a jurisdictional error of law. The Warden had misinterpreted the term by requiring a fixed plan or timetable for work on each tenement involved, which was not necessary under the definition provided by the Mining Act. The court applied the principles established in Craig v South Australia, which held that certain errors in the exercise of statutory jurisdiction are jurisdictional and may be reviewed by the court. Consequently, the Warden's decision was quashed, and the application for an exemption from expenditure was granted.

The final order of the court was to grant the application, quashing the Warden's decision and allowing St Barbara Mines to proceed with its application for an exemption from expenditure. The court's decision underscored the importance of correctly interpreting statutory terms in administrative decisions and highlighted the scope of judicial review in such cases.

Orders

Orders of the court

Application granted.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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