Re Wallace

The applicants, Ian Earl Wallace and Robert John Wallace, applied for a mining lease over land situated 14 km south-west of Gunnawarra Homestead under section 245 of the Mineral Resources Act 1989. The application was for the purpose of mining for calcite, clay, dolomite, limestone, magnesite, nickel ore, and for the establishment of living quarters, stockpile, water supply, and workshop for a term of 18 years. The application was lodged on 8 March 2006, and no objections were lodged before the closing date of 2 October 2009. The applicants requested that the matter be dealt with on the papers by a member sitting alone.

The court had to decide whether the provisions of the Mineral Resources Act 1989 had been complied with and whether the land applied for was mineralised or if the other purposes for which the lease was sought were appropriate. The court also had to consider whether the land and the surface area of that land were of an appropriate size and shape, whether the term sought was appropriate, and whether the applicants had the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease. Furthermore, the court had to assess if the proposed mining operation conformed to sound land use management, if there would be any adverse environmental impacts, and if the public right and interest would be prejudiced.

The court found that all the criteria specified in section 269(4) of the Act had been met. The applicants had complied with the requirements of the Act, the area was generally mineralised and suitable for mining, the applicants proposed to mine the area with machinery and a mobile plant, which is common practice in the area, and there was no evidence to suggest that the size and shape of the lease was not appropriate. The term sought was appropriate, and the applicants had the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease. The court also found that the proposed mining operation conformed to sound land use management, there would be no adverse environmental impacts, and the public right and interest would not be prejudiced.

In light of the evidence before the court, the Judicial Registrar, Mr BR O’Connor, recommends to the Honourable the Minister for Mines and Energy that Mining Lease No. 20527 be granted over the whole of the application area for a term of 18 years to Ian Earl Wallace (50%) and Robert John Wallace (50%). The court also ordered that a hearing of this application be dispensed with.