Mining Law
Facts
Exploration Experts Pty Ltd (EEPL) was first granted Exploration Licence 1234 (EL1234) to prospect for coal on 1 August 1998. Following the most recent renewal of EL1234, it was due to expire on 20 May 2009.
EEPL lodged a renewal application with the Department of Resources and Geoscience (Department) on 20 March 2009 to extend the term of EL1234 for another two years (Renewal Application).
The Department had a back log of application to process, so it had not processed the renewal application as at 20 June 2009. Therefore, on 21 June 2009, EEPL decided to lodge a new form with the Department seeking to extend the term of EL1234 for five years instead of two years (New Information).
Separately, exploration drilling was being undertaken by Contractor Pro Pty Ltd (CPPL) on 20 July 2009 within the area of EL1234 when the drilling equipment malfunctioned causing the safety mechanism on the drill rig to fail. As a result, a piece of the drilling equipment hit Ben Smith, the engineer who was operating the machinery at the time. Ben was hit in the back and was knocked to the ground. He was subsequently rushed to a hospital and has remained in a coma for the last two weeks.
The malfunction with the drilling equipment also caused approximately 5 megalitres of water to spray out from the drill hole onto the adjacent farming land.
(Part A)
1 Discuss whether the Department can consider the New Information that was lodged by EEPL on 21 June 2009? 2 Discuss whether the lodgment of the New Information constitutes a withdrawal of the original Renewal Application. 3 Discuss whether EEPL can continue to carry out exploration activities within the area of EL1234 whilst the Department is considering the renewal application?
Instructions
· Answer all of the above questions
· In answering the above questions, you should refer to the relevant legislative provisions and case law
· Total word count 1500 words
· No bibliography required