The prospector is a big one, and his mining company is already operating under the assumption that the judge will allow the mine to go ahead.
The prospectors attorney has already lodged a protest to the Queensland Supreme Court against the court’s ruling, arguing that it violates the Australian Consumer Law.
He said it would also affect his future prospects for a mine in New South Wales.
“The prospectors barrister is absolutely correct in saying the Queensland Court of Appeal’s decision to refuse a review of the prospector’s application in this case is totally contrary to Queensland’s Consumer Law, which prohibits the sale or distribution of goods that contain mercury.”
He is also wrong to say that the Queensland Government has not complied with the law.
Under the Australian Environmental Law, it is an offence to knowingly sell or give away any mercury, lead, arsenic or other dangerous substances, without proper regulatory oversight.” “
The Queensland Government must now ensure that all future prospectors license applications are reviewed by the Queensland Office of Environment and Heritage before they are issued,” he said.
“Under the Australian Environmental Law, it is an offence to knowingly sell or give away any mercury, lead, arsenic or other dangerous substances, without proper regulatory oversight.”
If the court rules in favour of the company, Mr Hunt’s hopes of a mine may be at an end.
Mr Hunt’s legal team has argued that the court was “unable to find the law to which it applied”, which would allow him to pursue a claim against the Queensland government.
It is likely that the case will be heard by the Federal Court, but if the case goes to the Supreme Court, the case could be sent to the High Court.
The mining company has argued in the Federal Circuit that the State Government’s regulatory framework does not apply to the mining of uranium, so any claim against it could be dismissed.
Read the Federal court’s decision on this case here.
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