Aurum Vale Pty Ltd v Struber & Anor

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 – followed

Goldhounds Exploration and Mining Pty Ltd v Struber & Anor [2016] QLC 65 – cited
Pavey & Anor v Struber & Anor [2009] QLC – cited

Wills v Minerva Coal Pty Ltd (1998) 19 QLCR 297 at 315 –applied

APPEARANCES:

Not applicable

1. 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

1. 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.

1. 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.

1. 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

1. 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…