Trenham v Department of Primary Industries and Resources SA

[2011] SAWC 1

Wardens Court of South Australia

(District Court Administrative and Disciplinary Division)

TRENHAM & ANOR v DEPARTMENT OF PRIMARY INDUSTRIES AND RESOURCES SA

[2011] SAWC 1

Reasons for Ruling of Senior Warden Dr Cannon (ex tempore)

30 August 2011

ENERGY AND RESOURCES - MINERALS - MINING FOR MINERALS

Precious Stones Claim amalgamation. Meaning of 'contiguous'.

TRENHAM & ANOR v DEPARTMENT OF PRIMARY INDUSTRIES AND RESOURCES SA
[2011] SAWC 1

1. In this matter, I refer to the Oxford Dictionary definition of contiguous which is:

   Sharing a common border; touching.

2. The Department has long enforced the Regulation dealing with the amalgamation of the labour conditions of Precious Stones Claims on the basis that they must share a common boundary and not just be touching at a point.  The basis for this is partly that equipment can be moved on the surface without leaving the claims.  More importantly, is the possibility of underground mining moving from one claim to the other and, of course, that can only occur if they have a common boundary otherwise underground mining, moving from one to the other, would involve illegal mining across the gap.  If I interpreted contiguous to be in the close vicinity, as the Macquarie Dictionary might allow, or just touching, then this would cause enforcement problems and I am not inclined to do that.  I have long interpreted this Regulation to mean having some common boundary beyond touching and I intend to continue with that interpretation. 

3. The claimholders here have been advised of that attitude by the Department and I understand they do not seek to contest that view of the Regulations and, accordingly, they will continue to work the claims sufficiently each without an amalgamation. 

4. The application is dismissed.