The Queensland Government assumed ownership of the land and managed an abandoned mine near Texas, Queensland, following the liquidation of the original mining company. MRV Metals Pty Ltd subsequently purchased the land from the Government as well as the necessary mining lease and environmental authority. As a condition of the environmental authority for the project, the Department of Environment and Science (DES) could require MRV Metals to pay a financial assurance as a condition of its environmental authority. When DES made the financial assurance decision s 295(4) of the Environmental Protection Act 1994 imposed a statutory limit or cap on the amount that could be required as financial assurance.
MRV Metals was appealing against the financial assurance decision made by an officer acting as a delegate of DES. The issue was how to calculate the amount of the financial assurance, given the statutory cap and the environmental legacy of the Texas Silver mine.
Roger Traves QC (with R Laidley) appeared for the respondent, instructed by the Department of Environment and Science.
The judgement is available here.