Exploration Licence granted for Bronzewing South tenement near Wiluna

10/8/98

Mines Minister Norman Moore has determined, subject to compliance with the provisions of the Native Title Act, to grant Hot Holdings Pty Ltd an exploration licence for the Bronzewing South tenement near Wiluna.

Mr Moore's decision follows lengthy court action and a subsequent Warden's Court ballot which decided that Hot Holdings Pty Ltd should be considered to be first in priority over the opposing applications.

Under the Mining Act, the Minister for Mines determines the final outcome of an application for an exploration licence.

Mr Moore said that after the ballot, opposing applicants had lodged written submissions with him opposing the granting of the tenement to Hot Holdings.

The opposing applicants were M G Creasy, R W Creasy, Arimco Mining Pty Ltd and Oresearch NL.

Mr Moore said that consistent with standard practice of many years, and a recent Supreme Court decision concerning procedural fairness, he had decided that the applicants should be given the chance to lodge written submissions and then to submit comments on any submissions lodged by opposing applicants.

In a letter to applicants announcing his decision, the Minister said that a major issue which arose from the submissions involved section 118 of the Mining Act (notification of pastoral leaseholder) and the effect that any purported non-compliance with that section might have on the application by Hot Holdings Pty Ltd.

It had been alleged that Hot Holdings Pty Ltd had not fully complied with all required procedures in lodging its application for the tenement. It was also alleged in submissions that the other applicants had also failed to fully comply with the requirements of s118.

Mr Moore said that this matter was addressed by Warden Malone in his Reasons for Decision culminating with his statement that: "I am satisfied that considering the means used by each of the parties that the sort of notice contemplated by the Sections was given. From a practical point of view, it is obvious that the object of the legislation has been achieved and, in my view, it would be artificial and wrong to find otherwise."

Mr Moore said he accepted the warden's recommendation on this matter.

He said he had also considered claims of non-compliance with the provisions of s118 and of the advertising requirements of Reg 64(5) in the light of s59(6) of the Mining Act, which gave the Minister discretion to grant exploration licences regardless of full compliance with the Mining Act.

"This decision is made on the particular circumstances of this case and should not be seen as condoning non-compliance with the Act," the Minister said.

Another matter raised related to s64 of the Mining Act.

Mr Moore said any decision to allow or disallow a transfer of interest in the exploration licence would only be made following the granting of the tenement and the lodgement of an application for consent under s64 of the Mining Act.

He said he had also determined, again subject to the Native Title Act provisions, to grant application for Exploration Licence 36/214 by Mr M G Creasy in respect to available ground within Graticular Block Wiluna 2965 u.

Media contact: Hartley Joynt, Minister's office, 08 9 321 1444

Point for reporters:

Take care when talking about the exploration licence. The Minister can't grant the licence until Native Title Act provisions have been complied with. Hence the terminology "determined, subject to the Native Title Act provisions, to grant ......".

Background on Bronzewing submissions:

Applications lodged at Leonora on 15 October 1992.

First Warden's Court hearing -- March 1993.

Warden's decision that he intends to conduct a ballot -- 2 June 1993.

Taken to Supreme Court -- March 1994.

Supreme Court decision not to intervene in the Warden conducting the ballot -- October 1994.

Taken to High Court. High Court held that Supreme Court can rule on the matter -- February 1996.

Back to Supreme Court. Supreme Court rules that Warden's decision to hold the ballot is proper -- October 1996.

High Court refuses leave to appeal -- October 1997.

The ballot is conducted by the Warden (15 December 1997) and establishes the priority of the competing applicants as:

1. EL 36/215 -- Hot Holdings

2. EL 36/216 -- Mark Creasy

3. ML 36/249 -- Robert Creasy

Warden hands down recommendations to the Minister -- January 1998.

Submissions, counter submissions and comments on submissions received -- between January and July 1998.

Minister hands down his decision that, subject to compliance with native title, he will grant the title to Hot Holdings Pty Ltd -- August 10 1998.