The practice and procedure for mining matters is stated in the
Land and Environment Court Act 1979,
Land and Environment Court Rules 2007,
Civil Procedure Act 2005 and
Uniform Civil Procedure Rules 2005 as well as the mining legislation under which the proceedings are brought.
For mining matters in the nature of judicial review of a decision or conduct by a public authority, the practice and procedure also follows the practice and procedure for judicial review proceedings in Class 4 of the Court’s jurisdiction. Information on the practice and procedure for this type of case is available at
Class 4 – civil enforcement and judicial review and in the
Practice Note – Class 4 proceedings.
These statutory provisions and Practice Note regulate the steps that need to be undertaken before the first directions hearing, at the first directions hearing, before and at the final hearing, and the opportunities for mediation and other means of resolving the proceedings without a hearing.