New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Mining


  1. 14/11/2014
    Mining: construction of the terms 'estate' and 'interest' in the phrase 'an estate or interest in a mining tenement' in the context of mining tenements granted under the Mining Act 1978 (WA); construction of Mining Act s 64 and s 118A; interaction between s 64 and 118A; Burns Philp Trustee Co Ltd v Viney [1981] 2 NSWLR 216 referred to; meaning of 'otherwise dealt with' and 'dealing' in Mining Act s 64; dealing in contravention of the express prohibition in s 64(1); effect of contravention; Commissioner of Stamp Duties v Permanent Trustee Co Ltd (1987) 9 NSWLR 719 referred to; Deputy Commissioner of Taxation v Mutton (1988) 12 NSWLR 104 referred to; Dressy Frocks Pty Ltd v Bock (1951) 51 SR (NSW) 390 referred to; Forder v Cemcorp Pty Ltd [2001] NSWSC 281 referred to; Marks v Jolly [1938] NSWStRp 24 referred to; Zhu v Treasurer of NSW [2004] HCA 56 referred to; appeal dismissed
    Commissioner of State Revenue v Abbotts Exploration Pty Ltd  [2014] WASCA 211
  2. 16/08/2013
    Mining: operation and history of mining legislation; nature of rights conferred by mining lease; nature of rights of owner of privately owned mines
    Valuer-General v Perilya Broken Hill Ltd  [2013] NSWCA 265
  3. 21/03/2012
    Mining: Mining Act 1992 (NSW), s 382; whether provision of an exploration licence application complying with the Act is a precondition of the exercise of the power to grant an exploration licence; non-compliance of exploration licence application with the Act does not invalidate an application and any licence granted in response to it; decision-maker's satisfaction as to compliance is sufficient to satisfy precondition.
    Martin v State of New South Wales (No 14)  [2012] NSWCA 46