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It does look, at first glance, that the Minister of Mining Resources is likely to lodge an appeal against the three decisions made by Judge Hodges. As the Judge said, "...this was a difficult and complex case." Due to this admittance, it would seem that some of the decision was a matter of his judgement in which he had difficulty.Decision of the NSW Supreme Court of Appeal on Friday 8th August 2008: Ulan Coal Mines (90% Xstrata and 10% Mitsubishi) v Minister for Mineral Resources and Moolarben Coal Mines (80% Felix Resources, 10% Sojitz and 10% Korean consortium): http://www.lawlink.nsw.gov.au/scjud...5dbd4806b7efcf20ca257496001b0360?OpenDocument
A major part of the decision concerned the granting of a mining licence over the areas for the underground mines and three open-cut mines, MLA264 and MLA290.
Decision ii) The effect of s75V of the EPA ACT on s62(1) of the Mining Act:
Judge Hodges considered that because there had not been consideration to substantial and valuable structures on the land owned by Ulan Coal, by the Minister of Mineral Resources, that there had been no declaration that they were not valuable and substantial, in accordance with s62(1)(c) of the mining act. Thus the mining licenses should not have been awarded to Moolarben Coal (see 38 23a of judgement "Identification of Valuable works").