Transfer of the Mining Warden's jurisdiction to the Land and Environment Court

The Mining Warden's jurisdiction has been transferred to the NSW Land and Environment Court, where mining matters are now designated as Class 8 proceedings. For information about the conduct of mining matters in the Land and Environment Court, see Mining jurisdictions (www.lawlink.nsw.gov.au) or phone (02) 9113 8200.

Court Decisions

Land and Environment Court Decisions

Judgements of the Land and Environment Court can be found at LEC Decisions.

Mining Warden Decisions

A collection of judgments of the Mining Warden from 1971 to 2009 can be found at Mining Warden Decisions.

Warden Functions retained by Industry and Investment

Certain functions previously undertaken by the Warden however, have been retained by the Director-General or Minister for Resources and Energy:

Mining Act 1992

Section 252 – Environmental Assessment Permits

The Minister may, on the application of a person who proposes to undertake an assessment (for the purposes of this Act or the Environmental Planning and Assessment Act 1979) of the likely effect on the environment of the activities to be carried out under an authority or a mineral claim, grant a permit to the applicant to enter any land so as to enable the person to undertake the assessment.

For further clarification on matters relating to the Land and Environment Court, including its functions and jurisdiction, please refer to Part 15 of the Mining Act 1992 (www.legislation.nsw.gov.au).

Petroleum (Onshore) Act 1991

Such matters include those relating to the payment of compensation by the Minister for any loss or damage caused by any person exercising any powers to enter premises.
For further clarification on matters relating to the Land and Environment Court, including its functions and jurisdiction, please refer to Section 115 of the Petroleum (Onshore) Act 1991 (www.legislation.nsw.gov.au).