State of New South Wales v Cadia Holdings Pty Ltd

The dispute in *State of New South Wales v Cadia Holdings Pty Ltd* concerned the ownership of copper found on land in New South Wales. The State of New South Wales, as the appellant, contended that the copper was a publicly owned mineral. Cadia Holdings Pty Ltd, the respondent, argued for private ownership. The case was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the Royal Mines Acts 1688 and 1693, which asserted Crown prerogative over gold and silver, extended to other base metals, specifically copper, when found in conjunction with gold or silver. The Court also had to consider the operative effect of this Imperial legislation in New South Wales and how it interacted with the *Mining Act 1992* (NSW).

The Court of Appeal, in allowing the appeal, reasoned that the prerogative rights of the Crown, as codified in the Royal Mines Acts, were limited to gold and silver and did not extend to other base metals like copper, even if found intermixed with gold or silver. The Court applied principles of statutory interpretation, including a purposive approach, to determine the scope of the prerogative and the relevant legislation. It was held that the *Mining Act 1992* did not alter this position and that copper was to be considered a publicly owned mineral under that Act.

Consequently, the Court of Appeal set aside the orders and declarations made by the Equity Division. It declared that the copper in the specified land was a publicly owned mineral for the purposes of the *Mining Act 1992*. The respondents were ordered to repay moneys received under the previous judgment, with interest, and to pay the appellant's costs of both the appeal and the proceedings in the Court below.