Supreme Court of Victoria Decision on Miner's Licence Holders Under the Mineral Resources (Sustainable Development) Act 1990

Strategic Insights -

The Supreme Court of Victoria has made a crucial decision regarding miner's licence holders under the Mineral Resources (Sustainable Development) Act 1990. The case involves a plaintiff who holds a miner's licence for subterranean gold mining, inclusive of diamond core drilling and mineral sampling, on a property used for grazing sheep by the defendants. The plaintiff was granted an injunction to prevent the defendants from refusing entry to the property for 'low impact exploration work,' but this was later altered to include work for preparing a work plan. The court ultimately denied the plaintiff's declarations and injunction, finding that diamond core drilling and ancillary activities do not constitute 'low impact exploration' under the Act. This decision has significant implications for miner's licence holders and landowners in Victoria.

Key Takeaways:

  • Diamond core drilling and ancillary activities are categorized as 'work' under s 42(1) of the Mineral Resources (Sustainable Development) Act 1990, requiring consent from the landowner or occupier.
  • Miner's licence holders must comply with statutory requirements, including preparation of a work plan and disclosure of information, which does not extend to extensive underground drilling.
  • Low impact exploration work, defined in Schedule 4A of the Act, is subject to the requirements under s 42(1), which applies to all 'work.'
  • Miner's licence holders have an obligation to seek the consent of the landowner prior to completing exploration work, including diamond core drilling, without which the proposed work cannot be carried out.
  • Landowners and occupiers of land subject to a miner's licence must understand the limitations of the licence and their duties owed to the licence holder.

Statistics:

  • The case involves a miner's licence held under the Mineral Resources (Sustainable Development) Act 1990, which creates an obligation for the holder to seek consent from the landowner prior to completing exploration work.
  • The court found that diamond core drilling and ancillary activities do not constitute 'low impact exploration' under the Act.
  • The decision extends the scope of the proposed work, including the requirement for consent of the owner or occupier, under s 42(1) of the Act.
  • The plaintiff's injunction and declarations were denied by the court.

Sources:

  • Mineral Resources (Sustainable Development) Act 1990 (Vic)
  • The Australian newspaper
  • Mondaq.com website article by PCL Lawyers