Lessons For Employers Hearings for interim relief do not, by their nature involve consideration of the whole facts. Examination of all the evidence produced at trial by both sides may well result in a discharge of the interim injunction. In the meantime, employers should exercise caution and seek appropriate advice before offering individual contracts to employees whose terms and conditions have previously been governed by an award or collective agreement. Grand Mercure Hotel Broadbeach, Gold Coast, Queensland. This is not because the answer is unclear, but rather because there appears to be a wide gap between the letter of the law and industry practice.
Aerial exploration is the same as exploration at ground level.
For instance, if a mining company carried out aerial exploration from a low-flying aircraft, and this exploration activity seriously disrupted the land owner's ability to muster his or her cattle, and such disruption caused some harm to the land owner, then the land owner could successfully sue the mining company for trespass and recover damages. In addition, in South Australia, a mining lease gives the lessee exclusive possession of the relevant land. This means that a mining lessee has the right to sue in trespass for any direct and voluntary interference with their rights to use the airspace above the land. In the remaining States and the Territories, it is unclear and therefore arguable that a mining lease grants the lessee the right to sue for a trespass arising from aerial exploration. Arguably, in all States and Territories except WA and Queensland, if a mining company conducted aerial exploration on land over which a competitor holds a mining lease, the competitor mining company could sue for trespass and recover damages arising from that trespass.