As the first case decided by the High Court this year, Harvey v Minister for Primary Industry & Resources makes important points about extrinsic materials and our ‘modern approach’ more generally.
The issue was whether a mineral lease involved a right to mine for the sole purpose of constructing an ‘infrastructure facility … associated with mining’ 11 . The crux point was whether ‘infrastructure facility’ as defined in the statute also took its ordinary meaning, as the EM suggested. All judges held that it did 12 , but it is Edelman J who seeks to explain the contextual importance of extrinsic materials in our system 13 . This will be the focus of Episode 106 next month 14 .
This principle is from Episode 105 of interpretation NOW!
Footnotes:
12 Gageler CJ, Gordon, Steward & Gleeson JJ [76-77].
13 [103-116] The role of extrinsic materials in statutory interpretation.
14 iTip – how exmats may impact meaning is fundamental to interpretation.