Western Australian Current Acts

MINING ACT 1978 - SECT 146

146 .         Reservation of questions of law: hearing and determination

        (1)         A warden’s court may reserve, at any stage of any proceedings under this Act, any question of law for the opinion of the Supreme Court thereon.

        (2)         The question of law shall be submitted to the Supreme Court in the form of a special case stated by the warden’s court and transmitted by the court to the Principal Registrar of the Supreme Court.

        (3)         The Principal Registrar of the Supreme Court shall set down the case for consideration by a judge, and shall forthwith notify the warden’s court of the time and place appointed therefor.

        (4)         The warden’s court shall give notice of the time when, and the place where the judge shall consider the case to each of the parties concerned who is entitled to be heard by the judge.

        (5)         The judge, at any stage of the matter, may —

            (a)         remit the case to the warden’s court for amendment; or

            (b)         direct that the case be set down for argument before the Court of Appeal; or

            (c)         proceed to hear and determine the question so submitted,

                and the Court of Appeal or judge, as the case may be, may give such direction or opinion as to the question so submitted, as the Court of Appeal or the judge thinks proper.

        (6)         Every such direction or opinion of the Court of Appeal or the judge, shall be transmitted by the Principal Registrar of the Supreme Court to the warden’s court which shall act in accordance therewith.

        (7)         When reserving any question of law pursuant to this section or at any time before acting in accordance with the direction or opinion of the Court of Appeal or the judge as provided in this section, the warden’s court, on the application of any party to the proceedings in relation to which the question of law is to be or was so submitted, may make such order for —

            (a)         an injunction; or

            (b)         the appointment of a receiver; or

            (c)         the payment of money into court; or

            (d)         giving security for damages and costs or otherwise,

                as it thinks fit and on such terms or conditions as it thinks fit.

        [Section 146 amended: No. 100 of 1985 s. 104; No. 39 of 2004 s. 77 and 85; No. 45 of 2004 s. 37.]