Mineral and Energy Resources

The Court can resolve disputes about a range of mining and energy resource issues.

Mining Objection Hearing:

If anyone objects to an application for a mining lease or mining claim or an associated environmental authority, the Court will conduct a Mining Objection Hearing and make a recommendation to the decision maker (see Mineral Resources Act 1989 ss 77, 265; Environmental Protection Act 1994 s 185).

For more information about Mining Objection Hearings, click here.

Offset conditions:

The Court can review some decisions about offset conditions imposed under the Environmental Protection Act 1994 for a resource activity (Environmental Offsets Regulation 2014 s 23).

Compensation:

The Court can decide what compensation a miner must pay a landholder for activities under prospecting permits, mining claims, mining leases and for remediation of abandoned mines (Mineral Resources Act 1989 ss 28, 85, 279, 281, 345).

For more information about how the Court deals with these cases, click here.

Terms of access to Land:

The Court can also decide the terms of access to land, including payment of compensation, for other mining or energy activities. (Mineral and Energy Resources (Common Provisions) Act 2014 s 98).

For more information about how the Court deals with these cases, click here.

Decisions:

  • The Court can review some decisions about fossicking permits, prospecting permits and mining claims and to transfer mining lease applications. (Fossicking Act 1994 s 99; Mineral Resources Act 1989 ss 38, 116, 318AAZO).
  • The Court can review a range of decisions about petroleum tenures (Petroleum and Gas (Production and Safety) Act 2004 s 823, Sch 1; Petroleum Act 1923 s 104, Sch).
  • The Court can review some directions or requirements by departmental officers about mining activities, petroleum activities and compliance directions under the Land Access Code, and about petroleum activities (Mineral Resources Act 1989 ss 38, 335D, 406, 335D; Petroleum and Gas (Production and Safety) Act 2004 s 798).
  • The Court can review decisions about development plans to extract coal seam gas under a coal mining or oil shale lease, and can resolve issues between holders of adjacent resource tenures about access to coal seam gas (Mineral Resources Act 1989 ss 318BC, 318AAZO, 318EI, 318BC, 318CS; Petroleum and Gas (Production and Safety) Act 2004 ss 116, 363I).
  • The Court also has a general power to decide disputes about prospecting, exploration or mining and activities authorised by an Act relating to mining (Mineral Resources Act 1989 s 363).

To read the legislation online, click here.

If you want to see a complete list of the types of cases the Court hears, click here.

How do I get procedural assistance?

Contact the Land Court to discuss your options. Attend an interview at the Land Court Registry in person, by phone or via video conference.

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