Gippsland Resources Australia Nl No ERD-99-1 Judgment No OE19 [1999] SAERDC 19 (26 March 1999)

Last Updated: 22 June 1999

Court

ENVIRONMENT RESOURCES AND DEVELOPMENT COURT

Determination of Her Honour Judge Trenorden (ex tempore)

Hearing

26/03/99.

Catchwords

Application for determination pursuant to Section 63N of the Mining Act 1971 - no native title parties - one public notice failed to comply with size requirements - wrong section reference in public notices - determination authorising entry onto land for mining operations.

Materials Considered

• Mining Act 1971 ;
• Native Title (South Australia) Act 1995 , referred to.

Representation

Applicant GIPPSLAND RESOURCES AUSTRALIA NL:
Represented by: MR G L BUCKLEY

ERD-99-1

Judgment No. OE19

26 March 1999

In The Matter of AN APPLICATION PURSUANT TO THE MINING ACT 1971

(Native Title)

Application for Determination by

GIPPSLAND RESOURCES AUSTRALIA NL

[1999] SA ERDC OE19

(Number NT 1 of 1999)

REASONS FOR DETERMINATION OF HER HONOUR JUDGE TRENORDEN

In this application which is made under Section 63N of the Mining Act 1971 I needed to be satisfied that proper notice has been given in accordance with the Mining Act and the Native Title (South Australia) Act 1995 provisions. I note that the notice given in The Advertiser newspaper is less than the size required by the Regulations. However I note that notice was given in two other newspapers in accordance with the Regulations. I note that in all three public notices in the various newspapers, Section 63M was referred to instead of Section 63N. In all other respects the evidence before me indicates that notice and notification was given as prescribed by the relevant legislation.

I have considered the matters in respect of which the notice provisions were not complied with, and I am satisfied that:

(1) with respect to the wrong section number being given, there was not only no intention to mislead but that any person reading those notices would not have been misled because the applicant in addition to stating the section number set out the effect of what was proposed to be done.

(2) With respect to the size of the notice in The Advertiser I have noted the difficulties encountered by the applicant. I note that what was published was not in accordance with instructions given. I note that two other notices of the correct size were published in other newspapers; indeed they were larger than strictly required. Because the notice in The Advertiser newspaper was only slightly smaller than what was required, I am satisfied that I should insofar as The Advertiser notice is concerned, dispense with the size requirements. I am satisfied that overall, proper notice was given in accordance with the relevant legislation.

I note that more than two months have expired since the giving of the noticer under Section 63M on the Mining Act and I note that there are no native title parties within the meaning of the Mining Act.

I am satisfied in all of the circumstances that is is proper for me to make a determination under Section 63N and I now do so authorising entry by the applicant Gippsland Resources Australia NL onto land comprised in Mineral Claims 2946 and 2947 for the purpose of carrying out on the site of Mineral Claim 2947 operations for the leeching of battery tailings now located on the sites of both Mineral Claims 2946 and 1947 subject to the following condition:

That the operations be carried out in accordance with the mining programme set out in the whole of Annexure 1 to the affidavit of Wayne Lindsay Buckley sworn on 8 March 1999 as approved by the Chief Inspector of Mines.