Re Kelly

Gilbert William Kelly made an application under the Mineral Resources Act 1989 for a mining lease over land 87 km west of Mt Carbine. The application was for gold, silver and the establishment of dams, treatment sites, living quarters and a water supply for a term of 15 years. The application was lodged on 4 September 2003 and no objection was lodged before the closing date of 28 August 2009. The application was heard on the papers. The court was required to consider the criteria specified in s.269(4) of the Act to make its recommendation on the application. The court was satisfied that the provisions of the Act had been complied with, that the land was mineralised and appropriate for the purposes of the lease, that there would be an acceptable level of development and utilisation of the mineral resources, that the size and shape of the lease were appropriate, that the term sought was appropriate, that the applicant had the necessary financial and technical capabilities, that the applicant’s past performance had been satisfactory, that there would be no disadvantage to holders of existing exploration permits or mineral development licences, that the operations would conform to sound land use management and would not cause any adverse environmental impacts, that the public right and interest would not be prejudiced, and that the proposed mining operation was an appropriate land use. 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.