Warden Court

Warden's Courts of New South Wales are courts established in New South Wales, a state of Australia to deal with issues and disputes concerning mining claims.

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.

Composition

The Governor of New South Wales may appoint a chief warden, usually called the chief mining warden. The governor may also appoint other wardens, usually called mining wardens.^[1] A warden or chief warden must be magistrates of the Local Court of New South Wales. When sitting, wardens sit alone without a jury.

Jurisdiction

The wardens court can determine disputes between miners, such as boundaries of claims, disputes between landowners and miners, or claims for compensation.

Public Inquiries

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 is required to prepare a written report for the minister with any recommendations made.

Appeals

In some case, the court acts as an appeal 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 may also review decisions of the mining registrars, such as where a mineral claim has been cancelled.

Address

Level 6, 201 Elizabeth Street Sydney 2000

References

1. S 293(2) Mining Act 1992