The applicants applied for exploration permits for minerals other than coal (EPM) under the Mineral Resources Act 1989. The Minster’s delegate refused them for virtually identical reasons, including a history of non-compliance (by the applicant or a related person) with the Environmental Protection Act 1994.
The applicants each brought an application for statutory order of review of the delegate’s decision.
Among the four grounds for review were that the delegate had made an error of law by considering the public interest in refusing the applications, and that the delegate had erred by refusing the applications under s 136 without considering the criteria prescribed by s 137 of the Act.
Justice Bond dismissed the applications.