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Client Update: Mining now under jurisdiction of NSW Land and Environment Court

15 April 2009

In brief: From 7 April 2009 all mining legal proceedings under the Petroleum (Onshore) Act 1991 (NSW) and Mining Act 1992 (NSW) must be commenced in the Land and Environment Court of NSW. Partner Paul Lalich (view CV) and Lawyer Brooke Newell outline the Land and Environment Court's new jurisdiction and procedure for such matters.

Jurisdiction

The NSW Land and Environment Court (the court) now has jurisdiction to hear and determine proceedings relating to all mining matters under the Petroleum (Onshore) Act 1991 (NSW) and Mining Act 1992 (NSW). Such proceedings include:

  • questions and disputes concerning a petroleum title, an authority or mineral claim or opal prospecting licence;
  • demands and rights concerning land under a petroleum title or that are subject to an authority or mineral claim; and
  • matters concerning a partnership that relate to the mining of petroleum or an authority or mineral claim.

Existing proceedings commenced in the former Mining Warden's Court are to be heard and determined by the local court.

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Practice and procedure

All civil proceedings will be allocated to a newly created Class 8 of the court's jurisdiction and will be determined by a judge of the court, a commissioner (who is to be an Australian lawyer) or a judge assisted by a commissioner. Acting Commissioner John Bailey, the former chief mining warden, will manage the Class 8 List until a Commissioner of Mining is appointed by the court. Criminal proceedings will be allocated to the existing Class 5 of the court's jurisdiction and will be determined by a judge of the court.

The Mining Warden's Court Rules have been repealed and in civil proceedings will be replaced by the Civil Procedure Act 2005 and the Uniform Civil Procedure Rules 2005. Criminal proceedings will be governed by the Land and Environment Court Rules 2007 and Supreme Court Rules 1970. It is expected that the court will apply its usual Practice Directions for receiving expert evidence in mining matters, which include the use of parties' single experts, joint conferencing and joint expert reports and concurrent evidence of parties' experts.

If you have any queries about this or any other mining matter contact one of the below.

Published 15 April 2009

For further information, please contact:

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