St Barbara Ltd v Minister for Energy, Resources, Industry & Enterprise

[2008] WASCA 248

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Mining Law
2. › Mining tenements
3. › Miscellaneous licences
4. › Application for grant
5. › Warden's power to hear and determine
6. › Whether distinction exists between 'refusal' and 'dismissal' of application
7. › Whether warden has implied power to dismiss application as abuse of process so as to preclude appeal to Minister
8. › Mining Act 1978 (WA), ss 42, 91, 92, 94
1. Mining Law
2. › Mining tenements
3. › Appeal to Minister
4. › Right of appeal against refusal of miscellaneous licence
5. › Whether appeal lies where warden dismissed application on ground of Anshun estoppel without hearing on merits
6. › Whether appeal lies against partial refusal of application
7. › Mining Act 1978 (WA), ss 44, 94(3), 94(4)
1. Administrative Law
2. › Prerogative writs
3. › Prohibition
4. › Ministerial power
5. › Jurisdiction of Minister to hear appeal from warden's decision
6. › Mining Act 1978 (WA), s 94
1. Administrative Law
2. › Prerogative writs
3. › Mandamus
4. › Whether issue of mandamus premature
5. › Minister's obligations on hearing appeal
6. › Procedural fairness

Quick Take

Under the Mining Act 1978 (WA), a warden's dismissal of an application for a miscellaneous licence — whether on abuse of process grounds, estoppel, or any other preliminary basis — constitutes a 'refusal' within s 94(3), giving rise to a right of appeal to the Minister. There is no distinction between 'dismissal' and 'refusal' for the purposes of the appeal right. A partial refusal is also appealable. The warden has no implied power to make unappealable decisions disposing of applications.