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West Australian court decision leaves all mining leases insecure and subject to claim jumpers

by Robert J Lee

A West Australian mining company, Kimberley Minerals,  was accused of claim-jumping and fraud in the WA Mining Warden’s Court by advertising for development funds for a lease it did not own.

The decision handed down by Warden John O’Sullivan on June 18 has rendered all leases insecure, valueless and wide open to claim jumping according to Spinifex Abrasives Queensland shareholder Mr John Koehler.

Kimberley Minerals CFO, Peter Newcomb. The company has not replied to a query about directors’ relationship with Warden John O’Sullivan

The company had spent considerable funds on exploration drilling and attracting investors over a number of years but this fact was disregarded by Warden O’Sullivan.

“Warden O’Sullivan ruled off-lease, related costs such as prospectus developments, engineering, environmental assessments and marketing cannot be allowed as a lawful form of required expenditure which means a lease can be forfeited at the whim of a mining warden without any basis at law,” Mr Koehler said.

“This ruling means that field work would have to be repeated endlessly and needlessly, long after completion of necessary exploration or risk having the tenement forfeited.

“This ruling has grave implications for mining-related Australian Taxation Office claims since 1978.”

Photographic evidence showing Kimberley Minerals staff trespassing on Spinifex Abrasive’s lease to take samples then being falsely represented in a prospectus and advertised on LinkedIn was tabled in the court.

This photographic evidence was not denied by Kimberley Minerals.

Warden O’Sullivan in his judgement ignored this damning evidence which if proven under the 1978 Mining Act prohibits an offender from holding any leases in Western Australia.

Jonathon King, Exploration Manager

Dr Derek Fisher, Chairman Kimberley Minerals

Arguing the case was Spinifex Abrasives director and geologist Laurie Molloy who said he was forced to appear in court by Warden O’Sullivan in spite of a medical certificate describing serious injuries he received after a fall.

“The Warden said he would issue a warrant for my arrest if I didn’t show up in court. When I got to court I took off my shirt to show the Warden the physical injuries I had which slowed me down considerably,” Mr Molloy explained.

Kimberley Minerals did not answer a query from Cairnsnews about any relationship between its company directors and Warden O’Sullivan after speculation of widespread corruption in the mining industry following the Warden’s finding.

The company did not reply to a query if it had continued to publicly or otherwise source development funds from investors for the disputed lease since the court hearing in November 2019.

Warden O’Sullivan ordered the lease be forfeited to Kimberley Minerals.

Police state Western Australia forces leg bracelets onto those in lockdown

Tracking bracelets, fines for not self-isolating

from the ABC

The West Australian Labor Government has  sought the power to electronically monitor people who fail to self-isolate, using tracking bracelets or in-home trackers.

Tampering with a device could result in 12 months in jail or a $12,000 fine.

That move follows a police clamp down on people leaving their home after being directed to self-isolate.

In addition, the Government would be asking Parliament to grant police the power to issue on-the-spot fines for failing to obey self-isolation or public gathering directives.

Those fines would be $1,000 for individuals and $5,000 for businesses, and followed WA moving to “stage three” COVID-19 restrictions that involved shutting down playgrounds and skate parks.

Premier Mark McGowan said the measures, along with a move to restrict gatherings to two people, were harsh but a reality.

“The idea that I am going to give someone a $1,000 fine for three people walking around together is abhorrent, but it’s necessary,” he said.

Chinese scramble for expired pastoral leases in WA

All pastoral leases in Western Australia are due to expire in June this year leaving the door open for the Chinese-owned Shanghai Zhongfu, trading as Kimberley Agricultural Investments, and other Chinese Government companies to get control of large swag of the state’s pastoral properties.

As previously reported in the Cairns News this Chinese company, with Bob Hawke as its lobbyist, was controversially granted 15,200 ha of the Ord West Bank irrigation scheme, developed by the government at a cost of $450m. Australian farmers were the losing bidders.

 

China President Xi Jinping

The company plans to develop extensive cane growing and sugar milling projects.

Any purchases should now be scrutinised by changes to the Foreign Ownership of Land Register where land sales of more than $15 million will have to be disclosed.

This new rule does not prevent a sale to foreign countries.

The Ord River Irrigation Scheme

7,000 Brumbies Slaughtered Without Owners Permission

Slaughtered Brumby in the WA Kimberleys a National disgrace

On the 20th October 2013 at the Western Australian East Kimberley’s around Lake Gregory became a killing field for over 7,000 brumbies, executed from mustering helicopters conducting an aerial cull with shooters using military SLR rifles, leaving mortally and seriously wounded horses across the landscape, all sanctioned by the RSPCA saying “it demanded the brumbies be killed instantly through an accurately-fired shot, through the head or thorax”.

No question a culling was required, with many options available, proven humane which aerial shooting is not one of them.

So we ask this question, “why the traditional owners of the land and all the brumbies, were not consulted by the lessees, the WA Minister and the RSPCA over this disgraceful execution of their heritage horses?”

Read the full story [HERE] on the Snowy Brumby blog site