The Wardens Court in Western Australia plays a crucial role in managing disputes related to the mining sector.
Constituted under the Mining Act 1978 (WA) (the Act) the Wardens Court is presided over by a mining warden who has the legal authority to hear and determine all actions, suits and other proceedings recognised by any court of civil jurisdiction as set out in Sec 132 of the Act. The Wardens Court also has power to make orders on all matters within its jurisdiction as set out in Sec 134 of the Act.
Some of the primary functions of the Wardens Court include:
- Hearing and determining all legal actions and proceedings recognised by civil jurisdiction that often pertain specifically to mining tenements
- Processing applications from miners seeking relief or exemptions from statutory restrictions
- Considering objections from landowners concerning the entry or activities of mining corporations.
- Assessing the validity of mining tenements
- Determining the boundaries of mining tenements
- Processing applications put forth by the Director of Mines.
All proceedings relating to a mining tenement must be filed at any office of the Wardens Court for any of the designated districts in which the mining tenement lies. Hearings in the Wardens Courts are held in open court and witness evidence may be obtained by subpoena. Evidence is given under oath or by affirmation and the normal rules of evidence apply as set out in Sec 138 of the Act.
Wardens Courts are located in Perth, Karratha, Marble Bar (held in Perth), Kalgoorlie, Leonora, Meekathara (held in Perth), Mount Magnet (held in Perth) and Southern Cross.
Decisions arising from the various Wardens Courts are published in the archive of Wardens Court decisions.
Information related to Wardens Court operations in Western Australia can be found below
