CONSTRUCTION OF STATE AGREEMENTS -- PROPOSAL TO MODIFY, EXPAND OR OTHERWISE VARY AN APPROVED PROPOSAL

摘要

Construction of State agreement - proposal to significantly modify expand or otherwise vary activities carried on in relation to an approved project -- production of interim product for sale rather than further processing not a valid proposal - confined to facts. Facts and This decision concerned an appeal from a decision of Pullin J of the Supreme Court of Western Australia, delivered 21 December 2004 (Mineralogy Pty Ltd & Ors v The State of Western Australia & Anor [2004] WASC 275 (Supreme Court of Western Australia, CIV 2463 of 2004; 21 December 2004, Pullin ). Mineralogy Pty Limited (Mineralogy) and the other Appellants are parties to the State Agreement scheduled to and ratified by the Iron Ore Processing (Mineralogy Pty Ltd) Agreement Act 2002 (WA). The State Agreement provides for, among other things, the development of defined iron ore projects on tenements near Cape Preston, Western Australia by Mineralogy either alone or with the other Appellants who are parties to the State Agreement as co-proponents.