Cobbold Gorge Tours Pty Ltd v Terry

LAND COURT OF QUEENSLAND

CITATION: 

Cobbold Gorge Tours Pty Ltd v Terry [2023] QLC 7

PARTIES:

Cobbold Gorge Tours Pty Ltd
ACN 113 521 734 
(applicant)

v

David Alexander Terry
(objector)

FILE NO:

MRA400-22

PROCEEDING:

Hearing of application for mining lease and objections

DELIVERED ON:

10 May 2023

DELIVERED AT:

Brisbane

HEARD ON:

19 April 2023

HEARD AT:

Mareeba

MEMBER:

JR McNamara

ORDER:

1.   I recommend to the Minister for Resources, as the Minister responsible for the Mineral Resources Act 1989, that ML 100317 be granted.

CATCHWORDS:

ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – COURTS OR TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS – QUEENSLAND – LAND COURT – where the applicant applied for mining lease to mine gold, tin and mineral sands – where the mining lease application and objection were referred to the land court pursuant to s 265 of the Mineral Resources Act 1989 – where the majority of the mining application area is on the applicant’s own land – where the mining application area is on a nature refuge – where part of the mining application area is owned jointly by the applicant and objector – where the Court considered the standard criteria in s 269(4) of the Mineral Resources Act 1989 – where the objections include: insufficient notice, no compensation agreement, impact of mining on a nature refuge, impact of mining on flora and fauna, impact of mining on roads, and the applicant’s lack of experience

HUMAN RIGHTS – JURISDICTION AND PROCEDURE – QUEENSLAND – where the court considered human rights pursuant to s 58 of the Human Rights Act 2019 – where cultural rights of Aboriginal and Torres Strait Islander peoples considered when making recommendation on a mining application under the Mineral Resources Act 1989 – whether mining activity under mining lease would deny cultural rights held under s 28 of the Human Rights Act 2019

Aboriginal Cultural Heritage Act 2003 (Qld)
Human Rights Act 2019 (Qld) ss 28, 58
Mineral Resources Act 1989 (Qld) ss 72, 252, 265, 269
Native Title Act 1993 (Cth)

Cement Australia Exploration Pty Ltd & Anor v East end Mine Action Group & Anor (No 4) [2021] QLC 22, cited
Fisher on behalf of the Ewamian People #2 v State of Queensland [2013] FCA 1249, cited
Sunland Cattle Co Pty Ltd v Kingham [2021] QSC 287, cited
Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 6) [2022] QLC 21, cited

APPEARANCES:

S Terry for the applicant

Background

[1]The applicant, Cobbold Gorge Tours Pty Ltd, lodged Mining Lease Application 100317 (ML 100317) on 12 July 2022.  Simon Terry is the sole Director and Secretary of Cobbold Gorge Tours Pty Ltd. 

[2]The applicant’s intention is to mine for gold, tin and mineral sands within the bed and banks of Agate Creek from its junction with the Robertson River in a northerly direction. The general location is 30km south-west of Forsayth in North Queensland. The proposed mining lease area is 118.8ha.