Chant v Tincknell

[2015] QLC 3

LAND COURT OF QUEENSLAND

CITATION:

Chant v Tincknell & Ors  [2015] QLC 3

PARTIES:

David James Chant
(applicant)

v

Paul Edmund Tincknell, Jane Louise Tincknell,
Gordon John Pringle and Nella Marie Pringle
(respondents)

FILE NO:

MRA 448-14

DIVISION:

General Division

PROCEEDING:

Determination of compensation for renewal of mining lease

DELIVERED ON:

30 January 2015

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed on 14 January 2015

HEARD AT:

Heard on the papers

A/JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1.     Compensation is determined in the sum total of Thirty-Two Dollars ($32.00).

2.     The applicant is to pay the respondents the total compensation amount of Thirty-Two Dollars ($32.00) within two (2) months of the renewal of Mining Lease 20198 by DNRM.

CATCHWORDS:

MINING LEASE – determination of compensation -renewal - factors to be considered - no 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

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 30 June 2014, David James Chant (the applicant) applied for the renewal of Mining Lease 20198 over land located approximately 40 km north north-west of Dimbulah in the Mareeba District. The land is within the Tableland Regional Council local government area. Further renewal is sought for a period of 5 years.  The purpose of the proposed renewal is for the mining of gold.

2. Access to the mining lease area is over land owned by Paul Edmund Tincknell, Jane Louise Tincknell, Gordon John Pringle and Nella Marie Pringle (the respondents).

3. The land is more particularly described as Lot 20 on HG725 Mount Mulligan Holding.  The access comprises a 0.76 km track with an area of 1.14 hectares. 

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 Department of Natural Resources and Mines (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 in determining the 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 land of the…