Section 102(2)(e) of the Mining Act 1978 (WA) requires an objective assessment of whether a mineral deposit is uneconomic — whether it is uneconomic for any operator — not a subjective assessment of whether it is uneconomic for the particular tenement holder. The distinction between s 102(2)(e) (objective) and s 102(2)(f) (subjective, allowing consideration of the holder's other operations) is critical. Where the Mining Act contains an express power of delegation in s 12, the Minister cannot rely on the Carltona principle to have departmental officers effectively make decisions under s 99 without formal delegation; the Minister must personally consider the Warden's recommendation and evidence.
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