Re Crossland

Paul Edwin Crossland applied for a mining lease over land approximately seven kilometres southwest of Groganville, pursuant to section 245 of the Mineral Resources Act 1989, for a period of 17 years to mine gold, silver, platinum, lead, zinc, and molybdenum, and to establish dams and a treatment site. The application was made on 4 March 2005 and no objections were lodged by 4 July 2008. The Registrar dispensed with a hearing because the application complied with the requirements of the Act, and the applicant requested that the matter be dealt with on the papers by a member sitting alone. The court had to determine whether the application met the criteria specified in section 269(4) of the Mineral Resources Act 1989. The court examined whether the provisions of the Act were complied with, whether the land applied for was mineralised, whether the applicant had the necessary financial and technical capabilities to carry out the proposed operations, and whether there would be any adverse environmental impacts.

The court found that the applicant had complied with the provisions of the Act, as evidenced by the issuance of a Certificate of Application. The area applied for was generally mineralised, as the applicant sought to mine for gold, silver, platinum, lead, zinc, and molybdenum, minerals that have been produced from the area in the past. The court was satisfied that the applicant had the necessary financial and technical capabilities to carry out the proposed operations, as the applicant had sufficient assets, including the mining equipment required, to undertake the proposed operation. The court also found that there would be no adverse environmental impacts, as the draft environmental authority was issued, requiring the applicant to comply with the standard environmental conditions contained in the Code of Environmental Compliance for Mining Lease Projects. The court was satisfied that the proposed mining operation was an appropriate land use, taking into consideration the current and prospective uses of the land. Therefore, the court recommended to 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 ordered that a hearing of this application be dispensed with, and recommended to the Minister for Mines and Energy that Mining Lease No. 20470 be granted over the whole of the application area for a term of 17 years. The applicant requested that the matter be dealt with on the papers by a member sitting alone, and the court was satisfied that there was sufficient information before it to properly consider this matter. The court found that the applicant had complied with the requirements of the Act and that the proposed mining operation was an appropriate land use, taking into consideration the current and prospective uses of the land. The court also found that there would be no adverse environmental impacts, as the applicant was required to comply with the standard environmental conditions contained in the Code of Environmental Compliance for Mining Lease Projects. The court recommended to 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.