Alphadale Pty Ltd v Mann

[2016] QLC 46

LAND COURT OF QUEENSLAND

CITATION:

Alphadale Pty Ltd v Mann [2016] QLC 46

PARTIES:

Alphadale Pty Ltd
(applicant)

v

Richard John Mann
(respondent)

FILE NO:

MRA050-16

DIVISION:

General Division

PROCEEDING:

Determination of compensation for renewal of a mining lease

DELIVERED ON:

15 August 2016

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 18 April 2016

HEARD AT:

Heard on the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1.        In respect of ML 10168 compensation is determined in the total sum of $1600 for the renewal period of 10 years.

2.       The miner pay compensation to the landowners the amount set out in order 1 within three months from notification of the renewal of the mining lease by the Department of Natural Resources and Mines.

CATCHWORDS:

MINING LEASE – renewal – access – determination of compensation – use of Court judgments for determination purposes.

Mineral Resources Act 1989 ss 279A, 281

Alphadale Pty Ltd v Dore & Ors [2014] QLC 25

Wills v Minerva Coal Pty Ltd [No.2] (1998) 19 QLCR 297

APPEARANCES:

Not applicable

1. This proceeding concerns a referral to the Land Court by the Chief Executive, Department of Natural Resources and Mines (DNRM) pursuant to s 279A of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the renewal of Mining Lease 10168. 

Background

1. The applicant, Alphadale Pty Ltd (the miner) seeks the renewal of a mining lease located on land described as Lot 1 on SP272205.  The Mining Lease comprises a mining area of 18.09 ha and a 4.23 km access track across land owned by the respondent Richard John Mann (the landowner).

2. The property is located approximately 60 kilometres south-west of Greenvale in the Charters Towers Regional Council local government area and is used for grazing purposes. 

3. The specific Land Court reference and tenure details are set out as follows:  

Court Reference	Tenure ID	Area	Term	Lease Purpose
MRA050-16	10168	18.09 ha	10 years	Gold-Silver

Relevant Legislation

1. Section 279 of the MRA provides that a mining lease shall not be granted or renewed unless an agreement in relation to compensation has been filed or, in the absence of such an agreement, a determination of compensation has been made by the Land Court.  In this matter, no agreement has been lodged with DNRM and the matter has been referred to the Land Court for determination.

2. Section 281 of the MRA identifies the matters which must be considered by the Court when determining compensation. In particular, s 281(3)(a) provides that an owner of land is entitled to compensation for:

   “(i)     deprivation of possession of the surface of land of the owner;

   (ii)     diminution of the value of the land of the owner or any improvements thereon;

   (iii)diminution of the use made or which may be made of the land of the owner or any improvements thereon;

   (iv)severance of any part of the land from other parts thereof or from other land of the owner;

   (v)    any surface rights of access;

   (vi)all loss or expense that arises;…