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merged the two offices under the title mining warden. The warden's courts had "jurisdiction to hear and determine all actions, suits and proceedings relating to prospecting, exploration or mining or to any permit, claim, licence or lease granted under any Act relating to mining". Decisions could be
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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
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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.
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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. A warden or chief warden must be magistrates of the
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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.
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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.
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The
Wardens Court could have determined disputes between miners, such as boundaries of claims, disputes between landowners and miners, or claims for compensation.
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The warden's courts of New South Wales were courts established to deal with issues and disputes concerning mining claims under the
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abolished the Mining
Wardens Court with effect from 2001 and transferred its jurisdiction to the Land and Resources Tribunal.
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33:. Historically all Australian states had warden's courts, which were established in the late 19th century during the
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and restricted to goldfields; other minerals had similar courts presided over by "mineral lands commissioners". The
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37:. However, in several states the position of mining warden has been abolished or had its powers reduced.
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Warden's courts existed in
Queensland from 1874 to 2001. They were originally established under the
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is a special court established to deal with disputes relating to mining and mineral
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and has jurisdiction throughout the state. Any person holding office as a
278:. Department of Mines, Industry Regulation and Safety (Western Australia)
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may be appointed as a mining warden and preside over a court sitting.
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In
Western Australia, the Warden's Court is constituted under the
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Special court established to handle mining industry disputes
251:"Mining litigation in Queensland: choosing the right court"
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established a centralised Mining
Wardens Court as a
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124:. The warden's courts also had similar duties to
128:in relation to deaths occurring on minesites.
51:Land and Environment Court of New South Wales
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303:Former New South Wales courts and tribunals
49:(NSW). Matters are now heard before the
308:Western Australian courts and tribunals
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141:Land and Resources Tribunal Act 1999
98:In some case, the court acted as an
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313:Queensland courts and tribunals
92:Minister for Mineral Resources
77:Local Court of New South Wales
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122:Supreme Court of Queensland
64:Governor of New South Wales
29:. It is presided over by a
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133:Mineral Resources Act 1989
318:Mining law and governance
228:"Mining Warden's Court"
249:Forbes, Roger (1989).
157:stipendiary magistrate
35:Australian gold rushes
230:. Queensland Archives
113:Gold Fields Act 1874
147:Western Australia
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276:"Warden's Court"
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207:Mining Act 1992
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192:Mining Act 1992
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153:Mining Act 1978
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137:court of record
117:Mining Act 1898
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100:appellate court
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47:Mining Act 1992
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41:New South Wales
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31:mining warden
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280:. Retrieved
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70:Composition
297:Categories
282:6 December
234:6 December
211:s 293
196:s 273
180:References
107:Queensland
27:tenements
163:See also
126:coroners
57:History
209:(NSW)
194:(NSW)
254:(PDF)
284:2022
236:2022
131:The
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