Re Donovan

Colleen Anne Donovan applied for a mining lease under section 245 of the Mineral Resources Act 1989 to mine for gold, silver, copper, platinum, palladium, and tin, and to establish dams, workshops, and living quarters on land approximately 90 km north of Chillagoe. The application was lodged on 22 December 2004 and no objections were received by 6 June 2008. The applicant requested that the matter be dealt with on the papers by a member sitting alone. The court was required to determine whether the application complied with the relevant provisions of the Mineral Resources Act 1989 and whether the criteria set out in section 269(4) of the Act were satisfied. The court considered the material supplied by the applicant and the Mining Registrar, including the applicant's statutory declaration and the Mining Registrar’s report, and determined that the application complied with the Act. The court also found that the land was mineralised, that the applicant had the necessary financial and technical capabilities to carry out the proposed mining operations, and that the proposed mining operations would not result in any adverse environmental impacts or prejudice to public rights and interests. Based on the evidence before it, the court recommended that the Minister for Mines and Energy grant the mining lease over the whole of the application area for the purpose and term sought by the applicant. The court dispensed with a hearing and made its recommendation on the papers. The court recommended that Mining Lease No. 20459 be granted over the whole of the application area for a term of 25 years.