Forrest & Forrest Pty Ltd v The Honourable William Richard Marmion, Minister for Mines and Petroleum

(2018) 53 WAR 156; [2018] WASCA 32

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Mining Law
2. › Miscellaneous licence
3. › Appeal to Minister under s 94(3) of Mining Act 1978 (WA)
4. › Whether appeal de novo or appeal by way of rehearing
5. › Whether Minister required to have before him warden's reasons and materials
6. › Mining Act 1978 (WA), s 94(3), s 94(4)
1. Administrative Law
2. › Judicial review
3. › Duty to enquire
4. › Whether Minister had duty to enquire as to materials necessary to determine appeal
5. › Whether failure to obtain warden's reasons constituted constructive failure to exercise jurisdiction
6. › Mining Act 1978 (WA), s 94(3)
1. Administrative Law
2. › Judicial review
3. › Procedural fairness
4. › Whether failure by Minister to advise parties he did not have warden's reasons and materials amounted to denial of procedural fairness
5. › Whether Minister required to provide briefing note to parties
1. Administrative Law
2. › Judicial review
3. › Unreasonableness
4. › Legal unreasonableness
5. › Whether Minister's decision lacked evident and intelligible justification
6. › Whether acceptance of apology and assurance of future compliance was rational basis for decision
7. › Mining Act 1978 (WA), s 94(4)

Quick Take

Practitioners advising parties in appeals to the Minister under s 94(3) of the Mining Act 1978 (WA) should note that the Minister is not required to have before him the warden's reasons or materials, and parties must ensure all material they wish the Minister to consider is included in their written submissions to the Minister.