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|Executive Summary (One Minute Read)
v NSW; NuCoal Resources Ltd v NSW; Cascade Coal Pty Ltd v NSW (HCA)
- constitutional law - cancellation of exploration licences - validity of provisions of Sched 6A Mining Act 1992 (NSW) upheld
|Summaries (Five Minute Read) with Link
v NSW; NuCoal Resources Ltd v NSW; Cascade Coal Pty Ltd v NSW  HCA 13
High Court of Australia
French CJ; Hayne, Kiefel,
Bell, Gageler, Keane & Nettle JJ
Constitutional law - special
case - questions for determination - three proceedings challenging validity of provisions
of Sched 6A Mining Act 1992 (NSW) inserted
into Mining Act by Mining Amendment (ICAC
Operations Jasper and Acacia) Act 2014 (NSW) which cancelled three exploration
licences without compensation - Amendment Act was enacted following
consideration by New South Wales Parliament of reports of ICAC investigations -
proceedings brought by the corporate licensees of two of the cancelled
exploration licences, their parent company and one of its former directors, and
the parent company of the corporate licensee of the other cancelled exploration
licence - held: validity of provisions upheld - Amendment Act was a law within
competence of New South Wales Parliament - Amendment Act did not involve exercise
of judicial power so the existence and scope of an implied limitation on the ability
to exercise judicial power did not arise for consideration.
By Edward Thomas
TALL nettles cover up, as they have done
These many springs, the rusty harrow, the plough
Long worn out, and the roller made of stone:
Only the elm butt tops the nettles now.
This corner of the farmyard I like most:
As well as any bloom upon a flower
I like the dust on the nettles, never lost
Except to prove the sweetness of a shower.