❓ Question regarding the number of Warden's Court recommendations refused by the Minister for Mines and Petroleum, including specific cases and dates of refusal. The answer details five instances where the Minister's decision differed from the Warden's recommendation.
AnsweredQoN 4411Legislative Council
QuestionView source ↗
I refer to recommendations from the Warden's Court to the Minister, and I ask: (a) since 21 March 2013, how many recommendations from the Warden's Court have been refused by the Minister; and (b) for each refusal: (i) what was the citation of each recommendation refused; and (ii) on what date was the recommendation formally refused by the Minister?
AnswerView source ↗
Answered
8 November 2016
Responded by
Attorney General representing the Minister for Mines and Petroleum
Response time
48 days
Answer as at 21 September 2016:
(a) From 21 March 2013 to 20 September 2016, five decisions or recommendations by the Warden have been refused by the Minister.
(b)(i) The citation for each of the five decisions or recommendations are:
-No decision number as Warden made Orders in Chambers. Martin Hendrick Ynema (Applicant).
-[2012] WAMW – Donald Keith North (Applicant) v Elazac Mining Pty Ltd (1st Respondent) and D& K Corps Investments Pty Ltd (2nd Respondent).
-[2014] WAMW 12 – Australian Livestock Suppliers Pty Ltd (Objector) v Toro Mining Ltd (1st Applicant) and JH Mining Pty Ltd (2nd Applicant).
-No decision number as Warden determined the matter could not proceed due to insufficient evidence before him to grant Restoration. Ordered Application for Restoration be refused. Arthur Alexander Bauer (Applicant).
-[2015] WAMW 8B – Onslow Resources Limited (Applicant) v Forrest and Forrest Pty Ltd (Respondent).
(ii) The dates the decisions or recommendations were refused or overturned are:
-Recommendation for Refusal made on 3 February 2014 by Warden in respect of Application for Restoration. Subsequently granted by Minister on 20 May 2014. Gazetted in the Government Gazette WA on 30 May 2014.
-Recommendation for Forfeiture made on 17 December 2012 by Warden in respect to a third party Application for Forfeiture. The Minister on 12 June 2014 imposed a penalty in lieu of forfeiture.
-Recommendation for Refusal made on 29 May 2014 by Warden in respect to an Application for Exemption affected by Objection. Application for Exemption subsequently granted by Minister on 15 December 2014.
-Recommendation for Refusal made on 22 May 2015 by Warden in respect of Application for Restoration. Subsequently granted by Minister on 6 August 2015. Gazetted in the Government Gazette WA on 14 August 2015.
-Decision by Warden on 6 November 2015 to Refuse Application for Miscellaneous Licence affected by Objection. Appeal by Applicant to Minister subsequently resulted in Minister deciding on 29 March 2016 that Application will be granted after Native Title Act clearance. Now subject to Application for Judicial Review before Supreme Court.
(a) From 21 March 2013 to 20 September 2016, five decisions or recommendations by the Warden have been refused by the Minister.
(b)(i) The citation for each of the five decisions or recommendations are:
-No decision number as Warden made Orders in Chambers. Martin Hendrick Ynema (Applicant).
-[2012] WAMW – Donald Keith North (Applicant) v Elazac Mining Pty Ltd (1st Respondent) and D& K Corps Investments Pty Ltd (2nd Respondent).
-[2014] WAMW 12 – Australian Livestock Suppliers Pty Ltd (Objector) v Toro Mining Ltd (1st Applicant) and JH Mining Pty Ltd (2nd Applicant).
-No decision number as Warden determined the matter could not proceed due to insufficient evidence before him to grant Restoration. Ordered Application for Restoration be refused. Arthur Alexander Bauer (Applicant).
-[2015] WAMW 8B – Onslow Resources Limited (Applicant) v Forrest and Forrest Pty Ltd (Respondent).
(ii) The dates the decisions or recommendations were refused or overturned are:
-Recommendation for Refusal made on 3 February 2014 by Warden in respect of Application for Restoration. Subsequently granted by Minister on 20 May 2014. Gazetted in the Government Gazette WA on 30 May 2014.
-Recommendation for Forfeiture made on 17 December 2012 by Warden in respect to a third party Application for Forfeiture. The Minister on 12 June 2014 imposed a penalty in lieu of forfeiture.
-Recommendation for Refusal made on 29 May 2014 by Warden in respect to an Application for Exemption affected by Objection. Application for Exemption subsequently granted by Minister on 15 December 2014.
-Recommendation for Refusal made on 22 May 2015 by Warden in respect of Application for Restoration. Subsequently granted by Minister on 6 August 2015. Gazetted in the Government Gazette WA on 14 August 2015.
-Decision by Warden on 6 November 2015 to Refuse Application for Miscellaneous Licence affected by Objection. Appeal by Applicant to Minister subsequently resulted in Minister deciding on 29 March 2016 that Application will be granted after Native Title Act clearance. Now subject to Application for Judicial Review before Supreme Court.
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