R v Drake-Brockman [1943] HCA 35

R v Drake-Brockman [1943] HCA 35 - HCA 1943 case summary — Zoe

[55]

The question in this case is, therefore, whether workmen engaged in the carbonization of shale for the production of crude oil and the cracking, distillation and refining of the crude oil for standard-grade petrol are engaged in the "shale mining industry," which by the Coal Mining Industry Employment Regulations is, as already men- tioned, included in the expression "coal mining industry." If so the Central Reference Board has jurisdiction to deal with the application which it is sought to prohibit : otherwise it has no such jurisdiction. Expressions such as the "mining industry," the " gold-mining industry," the " coal-mining industry," the " shale- mining industry," the "shale-oil industry" (See Encyclopaedia Britannica), the "iron industry," the "iron and steel industry ", and so forth, are not technical expressions, but popular general descrip- tions without any definite or clear boundary lines. The character of the operations, their connected processes and usage must, in the end, determine the industrial classification under which the opera- tions should be placed. Thus the very general description " the mining industry" would include not only mining for gold, silver and the base metals, but the various processes by which those metals are recovered. So the gold-mining industry would include mining for gold and the processes by which the gold is recovered, e.g., crushing, the use of tables, or the cyanide or any other process. Again, if we take the iron and steel industry, the multitude of pro- cesses used in that industry would all be included in the general description of the industry. But it was said that the coal-mining industry does not include the making of gas. Ordinarily that is quite true, because coal is ordinarily produced and sold as a com- modity for various uses. If a coal-mining company produced gas from coal for its mining or other operations, then that operation might rightly be described as part of the coal-mining industry. Indeed, a shift of industrial operations might well bring the produc- tion of gas into the coal-mining industry.

[70]

The prosecutor carries on its industry at Glen Davis. There it conducts two operations: first, shale mining, and, second, the carbonization of shale for the production of crude oil and the crack- ing, distillation and refining of the crude oil for standard petrol. It is contended on its behalf that the former operation only is within the field intended by the expression "shale mining industry." Mr. Barr-Smith, whose affidavit was filed by the prosecutor, deposed as follows: "In the mining section of the company's operations after the shale has been mined it is loaded into skips. The skips, each containing between four and five tons of shale, are hauled from the mine by electric locomotives to the weighbridge and weighed. After the skips and their contents have been weighed the shale is discharged therefrom into a concrete bin or hopper beneath the rail level. Such bin or hopper has a capacity of two hundred tons or thereabouts. It is at this stage that the mining section of the company's operations are concluded. In the manufacturing section of the works the shale is removed from the bin or hopper from time to time by an endless conveyor belt and fed into a primary crusher. After crushing, the shale is removed by a second endless conveyor belt to the screens which separate small shale known as fines and also the oversized shale from the retortable-grade shale. The retortable shale is then conveyed into the main storage reserve hoppers. As and when required shale is drawn by conveyor belt from the main storage reserve hoppers and discharged into larry cars which travel backwards and forwards on the top of the retorts. Such larry cars discharge the shale into the retorts as and when required. At the present time there is a bank of sixty-four retorts in operation treating the shale subject to the closing down of certain retorts for maintenance and repair when necessary. The shale is carbonized in the retorts by a heating process and the gas is drawn off by means of a centre off-take and then condensed into crude oil. Such crude oil is then transferred to one or both of the one million gallon storage tanks, where it is allowed to settle. After settling the crude oil passes through the refinery section, where it is cracked into raw petrol. The raw petrol subsequently passes through various processes and finally standard-grade petrol is obtained. In addition to standard-grade petrol, a by-product known as petroleum coke is obtained, which is used as a fuel in the boiler-house as part substitute for coal. In addition to treating the company's own production of crude oil it treats the total production of crude oil produced by Lithgow Oil Refineries Ltd. at Marrangaroo situated near Lithgow." Mr. Grant, whose affidavit was filed by the Federation, deposed as follows : - " At least eighty per cent of the shale produced in New

[78]

The applicant company must also establish that the application to the Board which it is sought to prohibit cannot be dealt with by the Board because it is in excess of the jurisdiction conferred upon the Board by the Regulations. The facts may be shortly stated as follows. The applicant company is carrying on at Glen Davis, in the State of New South Wales, at the same works the operations of shale mining and the carbonization of shale for the production of crude oil, and the cracking, distilling and refining of the crude oil for standard-grade petrol. The applicant company claims that these operations constitute two distinct industries. It has proved that, in what it claims to be the mining section of the company's operations, the shale is mined and loaded into skips, that the skips are then hauled from the mine by electric locomotives to the weighbridge and weighed, and that after the skips and their contents have been weighed the shale is discharged therefrom into a concrete bin or hopper beneath the rail level. It has also proved that, in what it claims to be the manufacturing section of the works, the shale is removed from the bin or hopper from time to time by an endless conveyor belt and fed into a primary crusher, that after crushing the shale is removed by a second endless conveyor belt to the screens which separate small shale known as fines and also the over-sized shale from the retortable grade shale, that the retortable shale is then conveyed into the main storage reserve hoppers, and that, as and when required, shale is drawn by the conveyor belt from the main storage reserve hoppers and discharged into larry cars, which travel backwards and forwards on the top of the retorts and discharge the shale into the retorts. The shale is then carbonized in the retorts by a heating process; the gases are drawn off by means of a centre off-take and condensed into crude oil, which is then transferred to storage tanks, where it is allowed to settle; after settling the crude

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Judgment (91 paragraphs)

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