What's happened?
Yesterday, the High Court, in Forrest & Forrest Pty Ltd v
Wilson [2017] HCA 30, cast doubt on the validity of certain Western
Australian mining leases.
The key issue in the case was whether the failure to lodge a
mineralisation report, at the time of the application for a mining
lease under the Mining Act 1978 (WA), deprived the Mining Warden of
jurisdiction to make a recommendation to the Minister for Mines in
relation to the grant of the mining lease. It was submitted by
Forrest & Forrest that, if such jurisdiction was lacking, any
mining lease subsequently granted would be invalid.
Relevant background
On 28 July 2011, Yarri Mining Pty Ltd and Onslow Resources Ltd
lodged applications for two mining leases. No mineralisation report
was lodged contemporaneously with these applications as required by
section 74(1)(ca) of the Act. Several months after the applications
were lodged (but prior to the Mining Warden's consideration of
the
