THE CLASSIFICATION OF THE FUNCTIONS AND POWERS OF THE WARDEN IN WESTERN AUSTRALIA: A CASE OF IMAGINED AND NON-EXISTENT DIFFICULTIES?

摘要

The view that there are difficulties with the warden's functions under the Mining Act is not justified. The decision in Re Colder SM; Ex parte Gardner should be limited to the narrow issue it decided, namely, that exemption applications under s 102 of the Mining Act are administrative proceedings. However, for the reasons set out above such proceedings are judicial proceedings.