Warden Court

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The Warden's Courts of New South Wales were courts established in New South Wales, a state of Australia, to deal with issues and disputes concerning mining claims under the Mining Act 1992 (NSW). Matters are now heard before the Land and Environment Court of New South Wales. [1]

New South Wales State of Australia

New South Wales is a state on the east coast of Australia. It borders Queensland to the north, Victoria to the south, and South Australia to the west. Its coast borders the Tasman Sea to the east. The Australian Capital Territory is an enclave within the state. New South Wales' state capital is Sydney, which is also Australia's most populous city. In September 2018, the population of New South Wales was over 8 million, making it Australia's most populous state. Just under two-thirds of the state's population, 5.1 million, live in the Greater Sydney area. Inhabitants of New South Wales are referred to as New South Welshmen.

Australia Country in Oceania

Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands. It is the largest country in Oceania and the world's sixth-largest country by total area. The neighbouring countries are Papua New Guinea, Indonesia and East Timor to the north; the Solomon Islands and Vanuatu to the north-east; and New Zealand to the south-east. The population of 25 million is highly urbanised and heavily concentrated on the eastern seaboard. Australia's capital is Canberra, and its largest city is Sydney. The country's other major metropolitan areas are Melbourne, Brisbane, Perth and Adelaide.

Land and Environment Court of New South Wales court in New South Wales, Australia

The Land and Environment Court of New South Wales is a court within the Australian court hierarchy established pursuant to the Land and Environment Court Act 1979 (NSW) to hear environmental, development, building and planning disputes. The Court’s jurisdiction, confined to the state of New South Wales, Australia, includes merits review, judicial review, civil enforcement, criminal prosecution, criminal appeals and civil claims about planning, environmental, land, mining and other legislation.

History

Mining has had a long history in the state, dating to the late 1800s. In 1874, the colonial government provided for the establishment of wardens courts to regulate and adjudicate upon various matters and disputes that commonly occur concerning mining. The Governor of New South Wales could also appoint mining wardens. Generally, these were local justices of the peace or sergeants of police. Those courts have continued to the present day, via the Land and Environment Court/

Governor of New South Wales vice-regal representative of the Australian monarch in New South Wales

The Governor of New South Wales is the viceregal representative of the Australian monarch, Queen Elizabeth II, in the state of New South Wales. In an analogous way to the Governor-General of Australia at the national level, the Governors of the Australian states perform constitutional and ceremonial functions at the state level. The governor is appointed by the queen on the advice of the premier of New South Wales, for an unfixed period of time—known as serving At Her Majesty's pleasure—though five years is the norm. The current governor is retired General David Hurley, who succeeded Dame Marie Bashir on 2 October 2014.

Composition

The Governor could have appointed a chief warden, usually called the chief mining warden. The governor could also have appointed other wardens, usually called mining wardens. [2] A warden or chief warden must be magistrates of the Local Court of New South Wales. When sitting, wardens sit alone without a jury.

Local Court of New South Wales

The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian state of New South Wales. Formerly known as the Court of Petty Sessions and the Magistrates Court, there are more than 160 branches across New South Wales where the Local Court has jurisdiction to deal with the majority of minor civil and criminal matters.

Jurisdiction

The Wardens Court could have determined disputes between miners, such as boundaries of claims, disputes between landowners and miners, or claims for compensation.

The Minister for Mineral Resources may direct an inquiry into any matter arising under the various mining laws. At the conclusion of the inquiry, the warden was required to prepare a written report for the Minister with any recommendations made.

In some case, the court acted as an appellate court to review determinations made by mining arbitrators. Generally the decision of the court is final and there are no further appeals allowed. The court could also review decisions of the mining registrars, such as where a mineral claim has been cancelled.

An appellate court, commonly called an appeals court, court of appeals, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court which primarily reviews the decisions of the intermediate courts. A jurisdiction's supreme court is that jurisdiction's highest appellate court. Appellate courts nationwide can operate under varying rules.

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References

  1. ↑ Mining Act 1992 (NSW) s 273
  2. ↑ Mining Act 1992 (NSW) s 293
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