Re Wallace

This is an application by Ian Earl Wallace for a mining lease under s.245 of the Mineral Resources Act 1989 over land located about 17.5 km west-north-west of Laura, for the purpose of mining for gold, quartz and the establishment of dams, stockpiling and treatment site for a term of 18 years. The application was lodged on 16 April 2003 and no objections were lodged before the closing date for objections on 8 September 2009. The applicant requested that the matter be dealt with on the papers by a member sitting alone, which was granted.

The legal issues before the court were whether the application complied with the provisions of the Act, whether the land was mineralised or the other purposes sought were appropriate, whether there would be an acceptable level of development and utilisation of the mineral resources, whether the size and shape of the land and surface area were appropriate, whether the term sought was appropriate, whether the applicant had the necessary financial and technical capabilities, whether the applicant's past performance had been satisfactory, whether there would be any adverse environmental impacts, whether there would be any prejudice to the public right and interest, and whether any good reason had been shown for a refusal to grant the mining lease. The court found that the applicant had satisfied all of these criteria and recommended that the mining lease be granted over the whole of the application area for the purpose and term sought by the applicant.

In reaching this decision, the court relied on the Additional Information and Statutory Declaration sworn by the applicant, other material lodged by the applicant with the Department of Mines and Energy, and the Mining Registrar’s Report. The court was satisfied that the applicant had complied with the requirements of the Act and that there was sufficient information before it to properly consider the matter. The court also found that the proposed mining operation was an appropriate land use and that there would be no adverse environmental impacts or prejudice to the public right and interest. 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 final orders were that a hearing of this application be dispensed with and that the mining lease be granted over the whole of the application area for the purpose and term sought by the applicant.