Bate v Johnson

LAND COURT OF QUEENSLAND

CITATION:

Bate v Johnson & Ors [2020] QLC 12

PARTIES:

Gary Bate
(applicant)

v

William Raymond Johnson
(objector)

John Harding Ahlers
(objector)

David Leszczewicz
(objector)

FILE NO: 

MRA010-19 (ML100190)

DIVISION:

General division

PROCEEDING:

Hearing of application for mining lease and objection

DELIVERED ON:

18 March 2020

DELIVERED AT:

Brisbane

HEARD ON:

17 January 2020

HEARD AT:

Brisbane

PRESIDENT:

FY Kingham

ORDER:

I recommend to the Minister for Natural Resources, Mines and Energy, as the Minister responsible for administering the Mineral Resources Act 1989 that ML 100190 be granted, without the tourism purpose, and for the area the Minister accepts is necessary and reasonable for the proposed mining operation.

CATCHWORDS:

ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS – where an application was made for a mining lease including a tourism purpose– where the Court found the tourism purpose was not associated with, arising from, or promoting the activity of mining – where the Court found the tourism purpose was not appropriate and that the mining lease should not be granted for this purpose – where the applicant wished to maintain the application without the tourism purpose – where the objectors did not oppose the grant of the mining lease if the tourism purpose was not granted – where the Court recommended the mining lease be granted without the tourism purpose  

Armstrong & Anor v Brown & Anor [2004] QCA 80, applied
Deal v Father Pius Kodakkathanath (2016) 258 CLR 281; [2016] HCA 31, applied
New Acland Coal Pty Ltd v Smith & Ors [2018] QSC 88, applied
Re Aradon Pty Ltd [2001] QLRT 35, considered

Re Hicks [2002] QLRT 107, considered

Fossicking Act 1994 s 3, s 5, s 25, s 27, s 69(2), s 70, s 78, Part 3 Division 2
Land Act 1994 s 486
Mineral Resources Act 1989 s 4A, s 6A, 234(1), s 269(4), s 276, s 395
Mineral Resources Regulation 2013 s 22, Sch 1
Mining and Quarrying Safety and Health Regulation 2017 s 88

APPEARANCES:

C Mackney (agent), Avoca Tenement Consulting, for the applicant
G Bate, the applicant (self-represented)
D Leszczewicz, objector (self-represented)
R Francis (agent, for a limited purpose) on behalf of W Johnson

1. On 29 June 1873, a gold rush started on the Palmer River in Far North Queensland. James Venture Mulligan reported he and six companions had discovered payable alluvial gold.[1]

   [1]Department of Environment and Science, “Nature, culture and history”, Palmer Goldfield Resources Reserve (Web Page, 19 December 2018) < type="1">

2. The rush was short-lived. The gold reefs were small. The cost of recovering the ore was very high. The cost of transporting machinery and supplies to the field was crippling. By the 1880s, the Palmer rush was over. However, even now, the area attracts small-scale alluvial gold miners.

1. More importantly for this application, fossickers and tourists with an interest in mining heritage are attracted to the Palmer River region.

1. Mr Bate has applied for a mining…