Burtenshaw v Tablelands Regional Council

LAND COURT OF QUEENSLAND

CITATION:

Burtenshaw & Anor v Tablelands Regional Council
[2016] QLC 68

PARTIES:

Garry Frederick Burtenshaw & Rosemary Anne Burtenshaw
(applicants)
v
Tablelands Regional Council
(respondent)

FILE NO:

MRA238-16

DIVISION:

General Division

PROCEEDING:

Determination of compensation for renewal of mining lease.

DELIVERED ON:

10 November 2016

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 5 September 2016

HEARD AT:

Heard on the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1.   Compensation is determined in the total sum of Two Hundred and Forty Dollars ($240.00).

2.   The applicants are to pay compensation to the respondent the amount set out in Order 1 hereof within two (2) months of the renewal of Mining Lease 4342 by the Department of Natural Resources and Mines.

CATCHWORDS:

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

Mineral Resources Act 1989, s 279A

Unimin Australia Limited v Freeman [2007] QLC 76

Burtenshaw v Mudge [2015] QLC 1

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

APPEARANCES:

Not applicable

Background

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 Mining Lease 4342 (ML 4342).

2. On 8 May 2015, Garry Frederick Burtenshaw and Rosemary Anne Burtenshaw (the miners) applied for the renewal of ML 4342 over land located approximately 10 km north of Mount Garnett in the Mareeba Mining District. The land is within the Tableland Regional Council local government area.  Further renewal is sought for a period of 21 years. The purpose of the proposed renewal is for the mining of tin.

3. Mapping data supplied by the Department of Natural Resources and Mines (DNRM) indicates that approximately 0.8 ha of ML 4342 is situated upon a road reserve under the control of the Tablelands Regional Council (the respondent).  The area of 0.8 ha will be rounded to 1 ha for calculation purposes.

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 the 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 of the land of the owner or any improvements thereon;

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

   (iv)severance of any part of the land from other parts thereof or from other…