Re Crossland

In the case of Re Crossland, the applicant, Paul Edwin Crossland, made an application under section 245 of the Mineral Resources Act 1989 for a mining lease over land approximately seven kilometres south-east of Groganville. The application sought the establishment of living quarters, a treatment site, and a workshop or machinery/storage facility for a period of 17 years. The application was lodged on 4 March 2005 and no objections were received before the closing date of 24 July 2009. The matter was dealt with on the papers by Judicial Registrar BR O’Connor.

The legal issues that the court had to determine included whether the provisions of the Act were complied with, whether the land was mineralised or if the proposed purposes for the lease were appropriate, and whether there would be an acceptable level of development and utilisation of the mineral resources. Other considerations included the size and shape of the land, the term of the lease, the applicant's financial and technical capabilities, past performance, and the potential impact on existing exploration permits, mineral development licenses, and public rights and interests.

The court considered the evidence provided by the applicant and the Mining Registrar's report. The court found that all the criteria specified in section 269(4) of the Act were met. The court was satisfied that the provisions of the Act had been complied with, the land was appropriate for the proposed purposes, and there would be an acceptable level of development and utilisation of the mineral resources. The court also found that the term sought was appropriate, the applicant had the necessary financial and technical capabilities, and there would be no adverse environmental impacts or prejudice to public rights and interests. The court recommended that the mining lease be granted over the whole of the application area for the purpose and term sought by the applicant.

The court made an order dispensing with a hearing and recommended to the Minister for Mines and Energy that Mining Lease No. 20467 be granted over the whole of the application area for a term of 17 years.