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A significant Full Court decision in OS ACPM Pty Ltd v Mining and Energy Union [2026] FCAFC 59 confirms that award text remains paramount in construing modern awards, placing important limits on the use of industrial history and longstanding practice to shape meaning.
Land access arrangements and compensation agreements under the Mining Act 1992 (NSW) govern how exploration and mining activities access private land. Clear, well drafted terms are essential to minimise disputes and ensure fair, transparent outcomes for both miners and landholders.
Residential zoning and inclusion in an identified growth corridor insufficient to overcome material noncompliance with sequencing, infrastructure and ecological assessment benchmarks.
Interim orders require the removal of material and restrict activities on farm land responsible for emitting an odour alleged to be an environmental nuisance pending the outcome of the substantive proceedings.
Land Appeal Court rejects challenge to compensation determination for the compulsory acquisition of a rural lifestyle property.
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