Mining licences not an ‘access all areas' pass for exploration

On 10 May 2016, Chief Justice Preston of the Land and Environment Court (Court) overturned a decision made last year by the Mining Commissioner in relation to Korean-owned mining company Hume Coal Pty Ltd (Hume Coal accessing land for prospecting, in Martin v Hume Coal Pty Ltd [2016] NSWLEC 51.

The Chief Judge found that access to land is a right within the scope of an exploration licence and accordingly, cannot be exercised within prescribed distances of homes, gardens or "significant improvements" under the Mining Act 1992 (NSW) (Mining Act). The decision sets an important precedent both for landowners whose properties are the subject of an exploration licence, and mining companies who hold such licences and wish to exercise the rights conferred by them.In this case note, we highlight key features of the decision.