Case note: Forrest & Forrest Pty Ltd v Wilson

摘要

The High Court's decision emphasises that ss 74, 74A and 75 of the Act set out steps in a sequential process that must be complied with for the valid exercise of the Minister's power to make a grant, and that any deviation from that sequential process will lead to the invalidity of a mining lease subsequently granted. Accordingly, prospective applicants for a mining lease should ensure strict compliance with the regime as it now stands, whilst current applicants for, and holders of, mining leases should confirm that the documents required by s 74(l)(ca)(ii) of the Act were lodged with the relevant application, and not subsequently.