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KNOWLEDGE & INSIGHTS

Expert perspectives on the latest developments across our sectors and services.
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I know what you did last summer: Supreme Court confirms conduct prior to grant can be considered in exemption applications
In Regis Resources Limited v Cleary in her capacity as Mining Warden [2024] WASC 427, the Supreme Court (Court) upheld the Warden’s finding that …
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Walking on a drem: Royalty holder comes out on top in Supreme Court tussle
The Supreme Court of New South Wales has reviewed a dispute concerning royalty obligations under historical deeds. The decision confirms that …
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Pass the [penalty] parcel: Current tenement holders held liable for past holders’ non-compliance
The WA Mining Wardens have emphasised the serious nature of departmental forfeiture applications, confirming that forfeiture is a real possibility …
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Sweet child, no mine: No mining conditions
A WA Mining Warden has considered the circumstances where a 'No Mining' condition can be imposed on an exploration licence. The decision highlights ..
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A million ways to mark out in the west: Wardens reinforce importance of strict compliance when marking out
The WA Mining Wardens have again highlighted the importance of accuracy when marking out area the subject of a prospecting licence application …
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NSW Court finds environmental impacts of transmission lines a mandatory consideration for mining development
In Bingman Catchment Landcare Group Incorporated v Bowdens Silver Pty Ltd [2024] NSWCA 205 (the Proceedings) the New South Wales Court of Appeal …
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Tenement transferees rejoice: High Court rejects challenge to S 116(2) protection
In Wyloo Metals Pty Ltd v Quarry Park Pty Ltd [2024] WASCA 38, the WA Court of Appeal found that the purchaser of a mining lease …
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Timing is everything: Warden’s court considers competing prospecting license applications
In Devin William McLevie v Robert Peter Teune and Phoebe Zara Unkovich for one part and Vernon Welsey Strange for the other [2024] WAMW 38 …
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Warden rejects objections to wind turbine infrastructure applications
In Alinta Energy Clean Energy Development Pty Ltd v Pilbara Energy (Generation) Pty Ltd [2024] WAMW 30 Warden McPhee declined to grant a …
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Warden finds sufficient connection to mining tenements in deed for costs incurred during project development
In Kestel Superannuation Pty Ltd v Kimminco Pty Ltd [2024] WAWC 2, the Warden’s Court addressed several disputes regarding the payment terms of …
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Northern Territory judgment gives green light for further gas exploration in the Beetaloo basin
In Central Australian Frack Free Alliance Inc v Minister for Environment & Anor [2024] NTSC 75 (Judgment), the Supreme Court of the Northern …
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Federal court finds earlier right to mine valid
In Forrest on behalf of the Nangaanya-ku Native Title Claim Group (Part B) v State of Western Australia (No 2) [2024] FCA 729 (the Proceedings) …
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