A warden's court is a special court established to deal with disputes relating to mining and mineral

tenements A tenement is a type of building shared by multiple dwellings, typically with flats or apartments on each floor and with shared entrance stairway access. They are common on the British Isles, particularly in Scotland. In the medieval Old Town, i ...

. It is presided over by a mining warden. Historically all Australian states had warden's courts, which were established in the late 19th century during the

Australian gold rushes During the Australian gold rushes, starting in 1851, significant numbers of workers moved from elsewhere in Australia and overseas to where gold had been discovered. Gold had been found several times before, but the colonial government of Ne ...

. However, in several states the position of mining warden has been abolished or had its powers reduced.

New South Wales

The warden's courts of New South Wales were courts established 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 The Land and Environment Court of New South Wales is a court within the Australian court hierarchy established pursuant to the to hear environmental, development, building and planning disputes. The Court’s jurisdiction, confined to the state ...

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 The governor of New South Wales is the viceregal representative of the Australian monarch, King Charles III, in the state of New South Wales. In an analogous way to the governor-general of Australia at the national level, the governors of the ...

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. A warden or chief warden must be magistrates of the

Local Court of New South Wales The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian state of New South Wales. Formerly known as the Court of Petty Sessions and the Magistrates Court, there are more than 160 branches across New So ...

. 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 A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...

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.

Queensland

Warden's courts existed in Queensland from 1874 to 2001. They were originally established under the ''Gold Fields Act 1874'' and restricted to goldfields; other minerals had similar courts presided over by "mineral lands commissioners". The ''Mining Act 1898'' 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 appealed to the

Supreme Court of Queensland The Supreme Court of Queensland is the highest court in the Australian State of Queensland. It was formerly the Brisbane Supreme Court, in the colony of Queensland. The original jurisdiction of the Supreme Court allows its trial division to he ...

. The warden's courts also had similar duties to

coroner A coroner is a government or judicial official who is empowered to conduct or order an inquest into Manner of death, the manner or cause of death, and to investigate or confirm the identity of an unknown person who has been found dead within th ...

s in relation to deaths occurring on minesites. The ''Mineral Resources Act 1989'' established a centralised Mining Wardens Court as a

court of record A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written recor ...

, with regional offices under the supervision of mining registrars. However, the ''Land and Resources Tribunal Act 1999'' abolished the Mining Wardens Court with effect from 2001 and transferred its jurisdiction to the Land and Resources Tribunal.

Western Australia

In Western Australia, the Warden's Court is constituted under the ''Mining Act 1978'' and has jurisdiction throughout the state. Any person holding office as a

stipendiary magistrate Stipendiary magistrates were magistrates that were paid for their work (they received a stipend). They existed in the judiciaries of the United Kingdom and those of several former British territories, where they sat in the lowest-level criminal ...

may be appointed as a mining warden and preside over a court sitting.{{cite news, url=https://www.dmp.wa.gov.au/Minerals/Warden-s-Court-1533.aspx, title=Warden's Court, publisher=Department of Mines, Industry Regulation and Safety (Western Australia), accessdate=6 December 2022

References

Former New South Wales courts and tribunals Western Australian courts and tribunals Queensland courts and tribunals Mining law and governance