Re Newcrest Operations Limited

Newcrest Operations Limited, Sedimentary Holdings Ltd, Fernyside Pty Limited and Sedgold Pty Ltd applied for a mining lease over land approximately 5 kilometres west of Cracow for the purpose of mining gold, silver and copper for a term of 30 years. The application was lodged with the office of the Mining Registrar at Rockhampton on 23 January 2008. No objections were lodged before the closing date of 30 April 2008. The applicants requested that the application be dealt with on the papers by a member sitting alone. The court was required to decide whether to dispense with a hearing and to recommend to the Minister for Mines and Energy whether to grant the mining lease as sought by the applicants.

The court ordered that a hearing of the application be dispensed with, as it was satisfied that the provisions of Part 7 of the Mineral Resources Act 1989 had been complied with in respect of the application. The material supplied by the applicants and the Mining Registrar addressed each of the criteria that the court must consider in making its recommendation on this application. The court considered that there was sufficient information before it to properly consider this matter. The court found that the applicants had complied with the provisions of the Act for an application under s. 245. The area was generally mineralised and the applicants proposed to mine the area with machinery and a mobile plant which is common practice in this area. The boundaries of the lease had been determined by the area of potential mineralisation. The applicant had the option of surrender if mining and rehabilitation was completed before the term expires. The applicant had sufficient assets to undertake the proposed operation and had or had access to the necessary financial and technical resources. The court found that there was no evidence to suggest that the past performance of the applicants had not been satisfactory. The grant of the mining lease would not adversely affect the holders of existing exploration permits or mineral development licences or existing applicants for exploration permits or mineral development licences. The operations to be carried on under the authority of the mining lease conformed to sound land use management and there were no adverse environmental impacts. There was no evidence to suggest that the proposed mining operation would prejudice the public right and interest. The court considered that the proposed activity was an appropriate land use.

The court recommended to the Honourable 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 applicants. The Judicial Registrar was satisfied that the provisions of the Mineral Resources Act 1989 had been complied with and that the applicants had provided sufficient information for the court to properly consider the application. The court found that there were no grounds which would justify a refusal of the application and that the proposed mining operation was an appropriate land use. The court considered that the applicants had the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease and that the grant of the mining lease would not result in any adverse environmental impacts or prejudice the public right and interest. The court recommended that the mining lease be granted for a term of 30 years.