My answers are:-
The Warden has not yet heard in open court Cazaly's licence application (ie,for the purpose of making her recommendation to the Minister). The Warden must hear it in due course because it has been formally objected to by a third party (ie, the Mining Registrar cannot now hear it because of this objection). So, the Minister could now serve on the Warden a notice of termination of Cazaly's application, and the date of RIO's renewal application and the refund of RIO's rent payment are irrelevant to this process. If the Minister decides not to terminate Cazaly's application at this time, it will simply continue its progress as normal through the Warden's Court and eventually come before the Minister for final determination.
Neither RIO's nor Cazaly's submissions are publicly available - they are the property of the Department and must be kept confidential on our files (albeit that they were all copied to each opposing party under the rules of procedural fairness). A third party could, however, seek to obtain copies via the Freedom of Information Act.
Bob.
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