THE FUNCTIONS AND POWERS OF THE WARDEN OF MINES IN OPEN COURT AND THE REFORM OF WARDEN'S COURT PROCEDURE UNDER THE MINING ACT 1978 (WA)

摘要

This article examines the functions of the warden of mines, convened in "open court" and the "warden's court" and analyses the terminology used in the Mining Act 1978 (WA). It considers the key court decisions that have delineated the powers and procedures currently available before the warden of mines in open court. The analysis shows that far from being a "toothless tiger" the warden does have some powers in administrative proceedings to ensure that procedural fairness is afforded to tenement applicants, tenement holders and plaintiff-objectors. It is suggested that the current situation in the warden's administrative jurisdiction in Western Australia is unsatisfactory. This paper advocates urgent reform of both substantive and procedural mining laws relating to the administrative and judicial functions of the warden. It outlines core procedural rules that should be available to the warden of mines to ensure that efficiency, certainty and transparency are characteristics of warden's court proceedings.