Burtenshaw v Mudge

[2015] QLC 1

LAND COURT OF QUEENSLAND

CITATION:

Burtenshaw v Mudge  [2015] QLC 1

PARTIES:

Rosemary Anne Burtenshaw
(applicant)

v

John Davey Mudge
(respondent)

FILE NO:

MRA434-14

DIVISION:

General Division

PROCEEDING:

Determination of compensation for renewal of mining claim

DELIVERED ON:

21 January 2015

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed on 18 December 2014

HEARD AT:

Heard on the papers

A/JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1.     Compensation is determined in the sum of Fifty Dollars ($50.00).

2.     The applicant is to pay the respondent the total compensation amount of Fifty Dollars ($50.00) within two (2) months of the renewal of Mining Claim 1913 by DNRM.

CATCHWORDS:

MINING CLAIM – determination of compensation -renewal - factors to be considered-no material provided by either party.

Mineral Resources Act 1989, ss 85 , 85A
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

APPEARANCES:

Not applicable

1. This matter involves a referral to the Land Court pursuant to s 85A of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the renewal of a mining claim.

Background

1. On 23 December 2013, Rosemary Anne Burtenshaw (the applicant) applied for the renewal of Mining Claim 1913 over land located approximately 11 km south of the town of Irvinebank in the Mareeba District. The land is within the Tableland Regional Council local government area. Further renewal is sought for a period of 10 years.  The purpose of the proposed renewal is for the mining of tin.

2. Access to the mining claim area is over land owned by Mr John Davey Mudge.  The land is more particularly described as Lot 1 on AP 17369.  The access comprises a 2.1 km track with an area of 0.84 hectares. 

Relevant Legislation

1. Section 85 of the MRA provides that a mining claim shall not be granted or renewed unless compensation has been determined (whether by agreement or by determination of the Land Court) between the applicant and each person who is the owner of land the subject of the application and of any surface access to that land. In respect of this matter, no agreement has been lodged with the Department of Natural Resources and Mines (DNRM) and accordingly the matter has been referred to the Land Court for determination.

2. The matters that must be considered by the Court are set out in s 85(7) of the MRA which provides that an owner of land is entitled to compensation for:

   (a)   deprivation of possession of the surface of land of the owner;

   (b)   diminution of the value of the land of the owner or any improvements thereon;

   (c)   diminution of the use made or which may be made of the land of the owner or any improvements thereon;

   (d)   severance of any part of the land from other parts thereof or from other land of the owner;

   (e)   any surface rights of access;

   (f)    all loss or expense that…