Brown v NBT Pty Ltd

[2016] QLC 64

LAND COURT OF QUEENSLAND

CITATION:

Brown v NBT Pty Ltd [2016] QLC 64

PARTIES:

Stephen John Brown
(applicant)

v

NBT Pty Ltd ACN 001 945 446

(respondent)

FILE NO/s:

MRA217-16

DIVISION:

General Division

PROCEEDING:

Determination of compensation for renewal of a mining lease.

DELIVERED ON:

3 November 2016

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 18 August 2016

HEARD AT:

Heard on the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1.     In respect of ML 20243 compensation is determined in the total sum of $500.00.

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

CATCHWORDS:

MINING LEASE – renewal – referral – determination of   compensation – absence of expert or valuation evidence – use of Court judgments for determination purposes.

Mineral Resources Act 1989, s 281(1)

Public Trustee Act 1978

Corella Valley Corporation Pty Ltd v Power & Anor [2014] QLC 46

Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor [2014] QLC 38

Fitzgerald v Struber & Anor[2016] QLC 6

Re Fitzgerald & Anor v Struber & Anor [2009] QLC 76

Kelly v Struber & Anor [2016] QLC 7

Wallace & Ors v Bottomer & Ors [2015] QLC 23

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 281(1) of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the renewal of Mining Lease 20243 (ML 20243).

Background

1. The applicant, Stephen John Brown (the miner) seeks the renewal of a mining lease located on land described as Lot 4567 on SP 254826.  The area relevant to this determination concerns an 8.5 km access track across land owned by the respondent, NBT Pty Ltd ACN 001 945 446 (the landowner). 

2. The subject land, known as Bellevue Station is located in the Mareeba Shire 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	Relevant Area	Term	Purpose
MRA217-16	ML 20243	8.5 ha	10 years	Access

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…