Event and Time
Event Description
Mt Wills Gold Mines Pty Limited sought judicial review regarding decisions made on 30 October 2020 by the Minister for Resources' delegate, Paul McDonald, under the Mineral Resources (Sustainable Development) Act 1990 (Vic). The decisions involved:
- Varying an existing exploration licence (EL5518) to include Area 1, previously subject to a mining licence (MIN5335).
- Refusing Mt Wills Gold Mines' application for another exploration licence (EL006728) for Area 1.
Additionally, the plaintiff sought a declaration regarding the jurisdiction of Edward de Zilwa, a mining warden.
Application and Claims
The claims were as follows:
- Judicial review of the Minister’s delegate’s decisions under Order 56 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic).
- A declaration of jurisdiction regarding the mining warden’s authority to address disputes under Part 11 of the Act.
Judicial Decisions
The court found that the Minister’s decisions to vary the exploration licence and refuse the plaintiff's application were valid based on adherence to statutory provisions. The court ultimately dismissed the plaintiff’s grounds for judicial review.
Dispute Points and Legal Basis
Dispute Points
Plaintiff's Claims:
- Concerns on Hazards: The plaintiff acknowledged the risks associated with adjacent mining operations and argued for the consolidation of mineral tenure to mitigate these risks.
- Negotiate in Good Faith: Stated willingness to negotiate with other stakeholders to consolidate access over the Cassilis Gold Mine.
Minister's Delegate's Arguments:
- Safety and Compliance: The decision was primarily based on safety concerns articulated by WorkSafe and the Pitt and Sherry report.