LAND COURT OF QUEENSLAND
CITATION: Aurum Vale Pty Ltd v Struber & Anor [2018] QLC 19 PARTIES: Aurum Vale Pty Ltd
(applicant)v Stephen Roy Struber
(respondent)and Diane Rose Wilson-Struber
(respondent)FILE NO: MRA708-17 DIVISION: General division PROCEEDING: Determination of compensation payable for renewal of a mining lease DELIVERED ON: 29 June 2018 DELIVERED AT: Brisbane HEARD ON: Submissions closed 25 May 2018 HEARD AT: Heard on the papers JUDICIAL REGISTRAR: GJ Smith
ORDERS: 1. In respect of ML 5102 compensation is determined in the total sum of $72.00 per annum.
2. The miner pay compensation to the Public Trustee of Queensland on behalf of the landowners the amount set out in order 1 within one months from notification of the renewal of the mining lease by the Department of Natural Resources, Mines and Energy and thereafter on the anniversary of the renewal of the mining lease.
CATCHWORDS: MINING LEASE – grant – determination of compensation – absence of expert or valuation evidence – referral documents – applicant’s submissions only – use of Court judgments for determination purposes
Mineral Resources Act 1989 s 279(1), s 281, s 281(1), s 281(3)(a), s 281(4)
Public Trustee Act 1978 Part 7
Baldwin v Struber [2012] QLC 56 considered
Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor [2014] QLC 38 – considered
Fisher v Struber & Anor [2008] QLC 102 – considered
Fitzgerald & Anor v Struber & Anor [2009] QLC 76 – followedGoldhounds Exploration and Mining Pty Ltd v Struber & Anor [2016] QLC 65 – cited
Pavey & Anor v Struber & Anor [2009] QLC – citedWills v Minerva Coal Pty Ltd (1998) 19 QLCR 297 at 315 –applied
APPEARANCES: Not applicable
This case 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 arising from the renewal of Mining Lease 5102 (ML 5102).
Background
The applicant, Aurum Vale Pty Ltd (the miner) seeks the renewal of ML 5102 on land owned by the respondents Stephen Struber and Dianne Wilson-Struber (the landowners). The land known as Palmerville Station is more particularly described as Lot 14 on SP 250040 is situated within the Mareeba Shire local government area and is used for grazing purposes. The mining lease area comprises of 5.3ha and a 0.48ha access area.
The landowners are currently serving a period of imprisonment[1] and consequently their address for service is:
C/- PUBLIC TRUSTEE
PO BOX 656
CAIRNS QLD 4871
[1]Public Trustee Act 1978, Part 7.
The relevant Land Court reference and tenure details are set out below:
Court reference Tenure ID Area Term Lease purpose MRA708-17 5102 5.3ha 10 years Gold
Relevant legislation
Section 279(1) of the MRA requires that compensation be settled before the grant or renewal of a mining lease is set out below:
279 Compensation to be settled before grant or renewal of mining lease
(1) A mining lease…
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- Case
- [2018] QLC 19
- Decision Date
CaseChat Overview and Summary
The court noted that the Mining Act required the compensation to be fair and reasonable having regard to the circumstances of the case. Given the absence of evidence from either party, the court relied on its previous judgments and the referral documents. It determined that the compensation payable was $72.00 per annum, which was consistent with previous judgments for similar mining leases. The court found that this amount was fair and reasonable compensation for the use of the land for mining purposes.
The court ordered that the compensation payable for the mining lease ML 5102 was $72.00 per annum. The miner was required to pay the compensation to the Public Trustee of Queensland on behalf of the landowners within one month of the renewal of the mining lease by the Department of Natural Resources, Mines and Energy and thereafter on the anniversary of the renewal of the mining lease.
Orders
Orders of the court
1. In respect of ML 5102 compensation is determined in the total sum of $72.00 per annum.
2. The miner pay compensation to the Public Trustee of Queensland on behalf of the landowners the amount set out in order 1 within one months from notification of the renewal of the mining lease by the Department of Natural Resources, Mines and Energy and thereafter on the anniversary of the renewal of the mining lease.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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