friendly bet, page-11

re: judicial review s111a previous cases Great work needle....

From the 4 case this would be the case most relevant RE MINSON, MLA; EX PARTE DEVANT PTY LTD -v- MINISTER FOR MINES, as the appeal to the Minister to terminate on public interest comes under s.111A(c)(ii). This is the same section used by Minister to terminate CAZ’s application.

This raises a couple of issues:

The application was terminated as the actions of the applicant, and thereby the application, circumvented s.45 of the Act, and these acts in of themselves went against the public interest. i.e. the application itself went against the public interest

As part of his judgment the judge made this reference - “The submissions as to the existence of an unauthorised purpose were founded upon the proposition that the Minister, in acting as he did, acted in the private interest of Mr Bell rather than in the public interest.” hints that the lawyer arguing the case attempted a similar argument presented by Wayne Martin – that being that factors external to application (and in particular the private interest of a 3rd party) cannot be considered.

The whole case may hang on whether the judge(s) view that the ministers claim that it is in the public interest that with respect to iron ore, RIO and BHP are excused from the normal operations of the Mining Act and it is more important their have security of tenure over those deposits they have discovered. Just as important in is determination is whether this argument will be allowed at all, as at its core is the private interest of a private party.

You would think that CAZ’s arguments against the State Iron Policy being in the public interest would be:

it’s anti-competitive – creates a duopoly, the WA as referenced in Bowlers own explanation has the policy under review, that other companies are suffering at the hands of the big 2 e.g FMG and access to train line

that public interest is a fluid concept – what was in the public interest in the 60’s and 70’s under Charlie Court is not the same today. (if you doubt public interest being fluid cane toads where introduced on the basis on public interest whereas today it is in the public interest to kill every last one of them)

is the Iron Ore policy that important that it undermines the whole operation of the Mining Act with regard renewals

any claims of sovereign risk are obsolete as the presence of a extensive and operation Mining Act provide all the rules and regulation under which mining activities are governed (follow the rules and you don’t have a problem)