Warden Court

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The Warden's Courts of New South Wales were courts established in New South Wales, a state of Australia, to deal with issues and disputes concerning mining claims under the Mining Act 1992 (NSW). Matters are now heard before the Land and Environment Court of New South Wales.^[1]

History[]

Mining has had a long history in the state, dating to the late 1800s. 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, via the Land and Environment Court.

Composition[]

The Governor could have appointed a chief warden, usually called the chief mining warden. The governor could also have appointed other wardens, usually called mining wardens.^[2] A warden or chief warden must be magistrates of the Local Court of New South Wales. When sitting, wardens sit alone without a jury.

Jurisdiction[]

The Wardens Court could have determined disputes between miners, such as boundaries of claims, disputes between landowners and miners, or claims for compensation.

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 was required to prepare a written report for the Minister with any recommendations made.

In some case, the court acted as an appellate court to review determinations made by mining arbitrators. Generally the decision of the court is final and there are no further appeals allowed. The court could also review decisions of the mining registrars, such as where a mineral claim has been cancelled.

References[]