Help Save Quinninup

More information regarding the legal representation.

Flinders Prospecting Pty Ltd lodged two extensive tenement applications on 22 Aug 2022 and 26 Aug 2022 along with the existing Julimar Brook Resources Pty Ltd two mining tenement applications in the previous weeks. These are 4 new mine tenement applications in addition to the Allup Silica tenement already in progress that was lodged in May 2020.

These tenements cover a huge area taking in the entire Quinninup townsite, including Karri Lane and Karri Lake, also surrounding agricultural land, National Park and State forest extending south to Tinks Rd as well as north/east towards Muirs Hwy, Kin Kin area plus further north and west along Muirs Hwy towards Dingup and Manjimup. Please see maps.

It is not currently known what kind of mining operations Flinders Prospecting or Julimar Brook Resources may ultimately be considering, nor what minerals they may be interested in.

However, many locals, including some associated with the Quinninup Community Association Stakeholders Coalition (QCA SC), are concerned of the potential devastating effects that any mining operations in the proposed tenements will have on our homes and community, on the tourism and agricultural businesses in the area, on water quality in our local catchments and ground water, and on the natural environment and wildlife.

Many people have decided to lodge formal objections to these tenement applications in the Mining Warden's Court. For those who decide to take this action, there is an obvious advantage in working together. In order to make it easier for interested people to lodge and pursue objections in the Warden's Court, the QCA SC is making arrangements to assist people with both electronic and paper lodgement of objections, for the service and receipt of documents in the course of the Warden's Court proceedings, and for representation in the Warden's Court.

Dylan Parker of Mount Barker Legal has agreed to act as an address for service of documents in the proceedings, and to go on the court's record as solicitor for objectors so as to coordinate the filing and service of objections and any other documents that will be needed as part of the court proceedings. David Thompson, a QCA member and a practising barrister, has agreed to represent objectors on a group basis before the Warden when the objections come before the court. Both have agreed to do so without payment.

The QCA SC is developing standard documents for use in objecting to Flinders Prospecting and Julimar Brook Resources tenement applications, and is helping locals to prepare and lodge their objections. Anyone who wants to is perfectly free to lodge their own objections and appear in the Wardens Court themselves.

If you want to make your objection within the group, please note that:

1. Mount Barker Legal has offered its services to lodge and receive documents, and to assist with service of documents on Flinders Prospecting and Julimar Brook Resources, only. It may, at a later date, assist David Thompson in court - that will depend on how the objections unfold. It will not be advising individuals on their rights or on their position in the Warden's Court objections. If you want advice of that kind, you will need to obtain it from another solicitor at your own cost. Mount Barker Legal will be communicating only with the objector group through the QCA SC, and not individually.

2. David Thompson will work with Mount Barker Legal and the QCA SC. He will communicate with objectors through the QCA SC, and will take his instructions from Mount Barker Legal and the QCA SC. David will not be giving advice to individual objectors directly. If you have particular information you wish to pass to David, or particular concerns to raise about your objection, you should do so through by contactng the QCA SC.

3. By lodging an objection in the Warden's Court, you are starting legal proceedings. The Warden's Court has the power to make costs orders. It is possible that the applicants will seek costs orders against objectors. Whether or not the Warden's Court will make such orders will depend on the way in which the objections unfold. Costs orders are meant to compensate successful parties to litigation for expenses they incur in the course of the proceedings. If a party incurs no legal expenses, it will not be able to recover costs. Whether or not the Court will make a costs order will depend on such matters as the way in which parties have conducted themselves during the proceedings, and whether parties have succeeded in the proceedings or not. Part of the point of running a group of objections together, and in using pro bono professional assistance, is to minimise the chance that the Court will make costs orders against objectors. It is quite possible that the Court will not make any costs order at all in these objections, but all potential objectors should be aware of the possibility.