Wyloo Metals Pty Ltd v Quarry Park Pty Ltd

[2024] WASCA 38

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Mining
2. › Mining leases
3. › Grant of mining lease
4. › Statutory preconditions to grant
5. › Failure to comply with requirement that application be accompanied by mineralisation report prepared by qualified person
6. › Whether grant made without jurisdiction
7. › Whether grant invalid
8. › Mining Act 1978 (WA), ss 74(1)(ca)(ii), 74A, 75
1. Mining
2. › Mining leases
3. › Protection of dealings with registered holder
4. › Construction of s 116(2) of Mining Act 1978 (WA)
5. › Whether protection extends to unregistered purchaser
6. › Whether protection conferred only upon registration of transfer or mortgage
7. › Nature of protection afforded by second clause of s 116(2)
8. › Mining Act 1978 (WA), ss 8(1), 103C, 116(2)
1. Mining
2. › Crown land open for mining
3. › Whether land subject to invalidly granted mining lease is Crown land open for mining
4. › Whether registration of invalid grant creates rights until set aside
5. › Mining Act 1978 (WA), ss 8(1), 18, 103C(7)
1. Practice and Procedure
2. › Declaratory relief
3. › Discretion to refuse
4. › Delay
5. › Whether lapse of time between invalid grant and commencement of proceedings a sufficient basis for refusing declaratory relief
6. › Impact of applicant's statutory rights on exercise of discretion

Quick Take

The detailed analysis of s 116(2) protection in Western Australia mining tenements establishes that protection is conferred only upon registration of a transfer or mortgage, not upon an agreement to purchase, though the majority's contrary view means the law remains contested on this point.