Burtenshaw v Burtenshaw

LAND COURT OF QUEENSLAND

CITATION:

Burtenshaw & Anor v Burtenshaw & Ors  [2015] QLC 31

PARTIES:

Garry Frederick Burtenshaw and Rosemary Anne Burtenshaw
(applicants)

v

Garry Frederick Burtenshaw, Rosemary Anne Burtenshaw
and Cameron Grenville Frederick Burtenshaw
(respondents)

FILE NO:

MRA057-15

DIVISION:

General Division

PROCEEDING:

Determination of compensation for renewal of mining lease

DELIVERED ON:

3 August 2015

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed on 11 May 2015

HEARD AT:

Heard on the papers

MEMBER:

G.J Smith, Judicial Registrar

ORDERS:

1.   Compensation is determined in the total sum of One Hundred dollars ($100.00).

2.   The miner is to pay compensation to the respondents in the amount set out in Order 1 hereof within three (3) months of the renewal of Mining Lease 20034 by the Department of Natural Resources and Mines.

CATCHWORDS:

MINING LEASE – determination of compensation -renewal - factors to be considered – limited material provided by either party.

Mineral Resources Act 1989, ss 279, 279A, 281.
Land Court Rules 2000, Rule 36A

Unimin Australia Limited v Freeman [2007] QLC 76
Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor
[2014] QLC 38

Oosen v Emu Creek Bar-Barrum Aboriginal Corporation (2008) QLC 23
Re Fitzgerald & Anor (2009) QLC 15
Re Fitzgerald and Hughes (2009) QLC 73
Re Kimmoth & Poole (2009) QLC 117
Palmer Gold NQ Pty Ltd v Strathleven WAR(NQ) Pty Ltd  [2014]QLC 42
Densyl Sandstone Pty Ltd v White & Anor [2014] QLC 35

APPEARANCES:

Not applicable

1. This matter involves a referral to the Land Court pursuant to s 279A of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the renewal of a mining lease.

Background

1. On 31 January 2013, Garry Frederick Burtenshaw and Rosemary Anne Burtenshaw (the miners) applied for the renewal of Mining Lease 20034 over land located approximately 4 km north of Mount Garnett in the Mareeba District.  The land is within the Tableland Regional Council local government area.  Further renewal is sought for a period of 3 years and 7 months.  The purpose of the proposed renewal is for the mining of tin.

2. Mapping data supplied by the Department of Natural Resources and Mines (DNRM) indicates that ML 20034 is approximately 1 ha in area with access being via a track approximately 3 kilometres in length across land owned by the respondents and more particularly described as Lot 43 on SP 219915 and Lot 219 on SP219914.

3. No specific details regarding the width of the access track have been provided so I will adopt a figure of 10 m, which will result in an access area of 3 ha.  I consider this to be a realistic assessment which also accords with other Land Court determinations in the Mareeba district.[1] 

   [1] Densyl Sandstone Pty Ltd v White & Anor [2014] QLC 35; Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor    [2014] QLC 38

Relevant Legislation

1. Section 279 of the MRA provides that a mining lease shall not be granted or renewed unless…