Bookall Mining Company Pty Ltd v Kummerfeld

The case of Bookall Mining Company Pty Ltd v Kummerfeld involved a dispute over the variation of access to a mining lease. The respondent, Kummerfeld, did not appear before the court. The matter was heard in the Queensland Civil and Administrative Tribunal. The applicant, Bookall Mining Company Pty Ltd, sought consent to vary the access to the mining lease and, in the alternative, to have the court determine the compensation payable to Kummerfeld for the variation. The legal issues before the Tribunal were whether the consent for the variation of access could be granted in the absence of the respondent and whether compensation was payable and, if so, what amount.

The Tribunal found that since the respondent did not appear, consent could not be granted as it required their explicit agreement. However, the Tribunal could still determine the compensation payable. The Tribunal considered the statutory provisions under the Mineral Resources Act 1989 and noted that the Act provided for the variation of access without the need for consent if compensation was determined. The Tribunal concluded that the variation of access was justified and, given the minimal impact of the variation, set the compensation at a nominal amount of $50. This decision was based on the principle that the variation did not significantly affect the respondent’s rights under the lease.

The Tribunal ordered that consent to the variation of access was not granted due to the respondent’s absence, but the variation itself was approved. Compensation in the amount of $50 was determined and payable by the applicant to the respondent within 28 days of the registration of the variation by the Mining Registrar.