- Warden Court
Warden’s Courts of New South Wales are courts established in
New South Wales , a state ofAustralia to deal with issues and disputes concerning mining claims.History
Mining has had a long history in the state, dating to the late 1800’s. 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 [ S 293(2) Mining Act 1992 ] .A warden or chief warden must be magistrates of theLocal 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 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 StreetSydney 2000
References
Wikimedia Foundation. 2010.
