LABOR TO ABOLISH MINING WARDEN’S COURT
Feb 26, 2010 19:50:35 GMT 12
Post by RKC on Feb 26, 2010 19:50:35 GMT 12
Victorian (Australia) Liberal Nationals Coalition Media Release
LABOR TO SACK INDEPENDENT WATCHDOG,
ABOLISH MINING WARDEN’S COURT
The Brumby Labor Government is moving to sack the independent Mining Warden watchdog ahead of abolishing the Mining Warden’s Court altogether, a decision that will remove independent scrutiny of Labor’s administration of the Victorian mining industry.
The Mining Warden exercises judicial functions in relation to many disputes involving the Department of Primary Industries (DPI), mining companies, prospectors and affected landowners.
Under the Mineral Resources (Sustainable Development) Act 1990, the Mining Warden has power to investigate, settle or arbitrate disputes involving miners, landowners, DPI and the public. A State
Services Authority review of the Mining Warden noted ‘The mining warden is unique in Victoria in having this role of investigating disputes involving a department’.
The Victorian Government Solicitor has advised that ‘the Mining Warden falls within the definition of a ‘court’ for the purposes of s.3 of the Evidence Act when the Mining Warden is conducting a
hearing within the course of an investigation under the Act and when he is attempting to settle or arbitrate a dispute’. (Source: John Cain, Victorian Government Solicitor, 30 April 2009)
“The Brumby Labor Government now wants to sack the Mining Warden and abolish the Mining Warden’s Court, an outrageous act which is strongly opposed by the Victorian Liberal Nationals
Coalition,” Shadow Minister for Energy & Resources Michael O’Brien said today.
The current Mining Warden, Andrew Swindells, was appointed by Governor in Council for a three-year term on 6 March 2009. Announcing the appointment, Minister Batchelor said ‘The
Mining Warden is an independent position” and “This appointment will mean disputes between mining licensees and other parties can continue to be dealt with swiftly and effectively’.
“Labor’s move to eliminate the mining industry watchdog means that parties aggrieved by the Department’s actions will be expected to ask DPI to review itself,” Mr O’Brien said.
“John Brumby is seeking to bully and intimidate the independent mining watchdog, so he can sack the Mining Warden, abolish his court and distribute many of his functions to his own bureaucrats.
“John Brumby is clearly frightened of scrutiny and is removing independent checks and balances from the administration of mining in this state to reduce the accountability of his government.”
Stakeholders including the Minerals Council of Australia, the Mining Warden Stakeholders Group, the Prospectors and Miners Association of Victoria and the Victorian Farmers Federation have all supported the continuation of the office of Mining Warden.
“I call on the Minister for Energy and Resources to cease his attack on the Mining Warden and assure the community that the independence and judicial functions of the Mining Warden’s Court
will be preserved,” Mr O’Brien said.
Media: Michael O’Brien 9576 1850 or 0417 206 972
LABOR TO SACK INDEPENDENT WATCHDOG,
ABOLISH MINING WARDEN’S COURT
The Brumby Labor Government is moving to sack the independent Mining Warden watchdog ahead of abolishing the Mining Warden’s Court altogether, a decision that will remove independent scrutiny of Labor’s administration of the Victorian mining industry.
The Mining Warden exercises judicial functions in relation to many disputes involving the Department of Primary Industries (DPI), mining companies, prospectors and affected landowners.
Under the Mineral Resources (Sustainable Development) Act 1990, the Mining Warden has power to investigate, settle or arbitrate disputes involving miners, landowners, DPI and the public. A State
Services Authority review of the Mining Warden noted ‘The mining warden is unique in Victoria in having this role of investigating disputes involving a department’.
The Victorian Government Solicitor has advised that ‘the Mining Warden falls within the definition of a ‘court’ for the purposes of s.3 of the Evidence Act when the Mining Warden is conducting a
hearing within the course of an investigation under the Act and when he is attempting to settle or arbitrate a dispute’. (Source: John Cain, Victorian Government Solicitor, 30 April 2009)
“The Brumby Labor Government now wants to sack the Mining Warden and abolish the Mining Warden’s Court, an outrageous act which is strongly opposed by the Victorian Liberal Nationals
Coalition,” Shadow Minister for Energy & Resources Michael O’Brien said today.
The current Mining Warden, Andrew Swindells, was appointed by Governor in Council for a three-year term on 6 March 2009. Announcing the appointment, Minister Batchelor said ‘The
Mining Warden is an independent position” and “This appointment will mean disputes between mining licensees and other parties can continue to be dealt with swiftly and effectively’.
“Labor’s move to eliminate the mining industry watchdog means that parties aggrieved by the Department’s actions will be expected to ask DPI to review itself,” Mr O’Brien said.
“John Brumby is seeking to bully and intimidate the independent mining watchdog, so he can sack the Mining Warden, abolish his court and distribute many of his functions to his own bureaucrats.
“John Brumby is clearly frightened of scrutiny and is removing independent checks and balances from the administration of mining in this state to reduce the accountability of his government.”
Stakeholders including the Minerals Council of Australia, the Mining Warden Stakeholders Group, the Prospectors and Miners Association of Victoria and the Victorian Farmers Federation have all supported the continuation of the office of Mining Warden.
“I call on the Minister for Energy and Resources to cease his attack on the Mining Warden and assure the community that the independence and judicial functions of the Mining Warden’s Court
will be preserved,” Mr O’Brien said.
Media: Michael O’Brien 9576 1850 or 0417 206 972
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