Re Collins

Michael Dowse Collins applied under section 245 of the Mineral Resources Act 1989 for a mining lease over land 70 km north north west of Dimbulah to mine for silver ore, gold, tin ore, tantalum/tantalite, tungsten, wolfram/scheelite, and other associated purposes. The application was made on 17 December 2007 and no objections were lodged within the required period. The application was heard on the papers by Mr BR O’Connor, Judicial Registrar, who recommended that the mining lease be granted.

The court had to decide whether the application complied with the relevant provisions of the Act, whether the area was mineralised, whether the proposed mining would be developed and utilised appropriately, and whether the size, shape, and term of the lease were appropriate. The court also had to consider whether the applicant had the necessary financial and technical capabilities, whether their past performance was satisfactory, whether there would be any adverse impacts on other permit holders or the environment, and whether the public rights and interests would be prejudiced.

The court was satisfied that the application complied with the relevant provisions of the Act and that the area was mineralised. The court found that the proposed mining would be developed and utilised appropriately, the size, shape, and term of the lease were appropriate, and the applicant had the necessary financial and technical capabilities and satisfactory past performance. The court was satisfied that there would be no adverse impacts on other permit holders, the environment, or the public rights and interests, and that the proposed mining operation was an appropriate land use.

The court recommended that the Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade grant the mining lease over the whole of the application area for the purpose and term sought by the applicant. The court also ordered that a hearing of the application be dispensed with.