These pages describe civil mining matters that are dealt with by the Land and Environment Court. Civil proceedings arising under the Mining Act 1992 or the Petroleum (Onshore) Act 1991 (see s 21C of the Land and Environment Court Act 1979) are allocated to Class 8 of the Court’s jurisdiction.
Practice and procedure
The practice and procedure for mining matters is stated in the Land and Environment Court Act 1979, Land and Environment Court Rules 2007, Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005 as well as the mining legislation under which the proceedings are brought.
For mining matters in the nature of judicial review of a decision or conduct by a public authority, the practice and procedure also follows the practice and procedure for judicial review proceedings in Class 4 of the Court’s jurisdiction. Information on the practice and procedure for this type of case is available at Class 4 – civil enforcement and judicial review and in the Practice Note – Class 4 proceedings (PDF , 177.3 KB).
These statutory provisions and Practice Note regulate the steps that need to be undertaken before the first directions hearing, at the first directions hearing, before and at the final hearing, and the opportunities for mediation and other means of resolving the proceedings without a hearing.
Process for mining matters
The Mining Act and the Petroleum (Onshore) Act state the proceedings that may be brought to the Court, the persons who may bring those proceedings, and if there is a time within which proceedings must be brought. For example, s 293 of the Mining Act and s 115 of the Petroleum (Onshore) Act list the proceedings under those Acts, which the Court may hear and determine.
Other provisions in those Acts describe the nature of each of those proceedings and the persons who may bring proceedings and if there is any time within which the proceedings must be brought.
For links to useful Court information and documents, legislation, case studies and decisions relating to mining, see: