Collins v Coates - [2012] QLC 10

LAND COURT OF QUEENSLAND

CITATION: Collins v Coates [2012] QLC 0010

PARTIES: Michael Dowse Collins
(Applicant)

v.

Neil Leslie and Meridith Joyce Coates
(Respondents)

FILE NO: MRA144-11    ML 20642
MRA145-11    ML 20643
MRA146-11    ML 20644
MRA147-11    ML 20645
MRA148-11    ML 20646
MRA149-11    ML 20647
MRA 689-10   ML 20648
MRA 691-10   ML 20649

DIVISION: Land Court of Queensland

PROCEEDINGS: Determination of Compensation.

DELIVERED ON: 9 March 2012

DELIVERED AT: Brisbane

HEARD AT: Cairns

MEMBER: His Honour, Mr WL Cochrane, Member

ORDERS:
1.    In respect of File number MRA 144-11 relating to Lease ML 20642 compensation is assessed at $845.00 per annum to be paid in advance each year.

2.    In respect of File number MRA 145-11 relating to Lease ML 20643 compensation is assessed at $785.00 per annum to be paid in advance each year.

3.    In respect of File number MRA 146-11 relating to Lease ML 20644 compensation is assessed at $994.00 per annum to be paid in advance each year.

4.    In respect of File number MRA 147-11 relating to Lease ML 20645 compensation is assessed at $940.00 per annum to be paid in advance each year.

5.    In respect of File number MRA 148-11 relating to Lease ML 20646 compensation is assessed at $814.00 per annum to be paid in advance each year.

6.    In respect of File number MRA 149-11 relating to Lease ML 20647 compensation is assessed at $921.00 per annum to be paid in advance each year.

7.    In respect of File number MRA 689-10 relating to Lease ML 20648 compensation is assessed at $853.00 per annum to be paid in advance each year.

8.    In respect of File number MRA 691-10 relating to Lease ML 20649 compensation is assessed at $1,052.00 per annum to be paid in advance each year.

9.    In respect of each award of compensation the sum determined in respect of each lease is to be paid annually, the first such instalment to be paid within 30 days of the grant of the mining lease and thereafter in advance on the anniversary of the grant of the mining lease.

CATCHWORDS: MINING LEASES – DETERMINATION OF COMPENSATION – principles – piecemeal approach – grazing land – access roads – avoidance of doubling-up – multiple leases held by one miner.

APPEARANCES:
Mr Collins in person.

Mr Lyne (solicitor) for the Respondents.

Background

This is a decision in eight matters involving applications by the Applicant Michael Dowse Collins for mining leases.
At the outset it is appropriate to identify the subject matter of each of the individual files all of which are to be heard and determined together, the Respondents.
All of the files relate to the same land which is identified as Hurricane station via Mt Carbine and otherwise described as Lot 1 on DA 802415 of which land the tenure holders are Neil Leslie Coates and Meridith Joyce Coates.
Hurricane Station has an area of approximately 78,000 ha.
File number MRA 144-11 is in respect of a referral by the mining registrar…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Collins v Coates

Details

AGLC: Collins v Coates [2012] QLC 10
Case: [2012] QLC 10
Decision Date: 9 March 2012

CaseChat Overview and Summary

The matter of Collins v Coates involved the determination of compensation for various mining leases held by Coates on Collins' land. The disputes arose under the Mining Act 1978 (Qld) and were heard in the Queensland State Administrative Tribunal. The central issue was the assessment of the appropriate compensation to be paid to Collins for the use of his land by Coates under the granted mining leases.

The legal issues before the Tribunal included the principles governing the determination of compensation for mining leases, the application of a piecemeal approach to assess compensation for each lease individually, and the avoidance of double compensation for overlapping areas such as grazing land and access roads. An additional consideration was the impact of Coates holding multiple leases on the same land, and whether this necessitated any adjustments in the compensation assessment.

The Tribunal carefully considered the relevant statutory provisions and case law in determining the compensation for each lease. It applied a piecemeal approach, assessing each lease individually based on the specific circumstances of the land and the terms of each lease. The Tribunal also ensured that the compensation did not result in double counting of the same areas, such as grazing land and access roads. The outcome was a detailed assessment for each lease, ensuring that the compensation was fair and appropriate given the unique characteristics of each lease and the land it covered. The final orders specified the annual compensation for each lease, with payments to be made in advance each year starting from the anniversary of the grant of the respective mining lease.

Orders

Orders of the court

1. In respect of File number MRA 144-11 relating to Lease ML 20642 compensation is assessed at $845.00 per annum to be paid in advance each year.

2. In respect of File number MRA 145-11 relating to Lease ML 20643 compensation is assessed at $785.00 per annum to be paid in advance each year.

3. In respect of File number MRA 146-11 relating to Lease ML 20644 compensation is assessed at $994.00 per annum to be paid in advance each year.

4. In respect of File number MRA 147-11 relating to Lease ML 20645 compensation is assessed at $940.00 per annum to be paid in advance each year.

5. In respect of File number MRA 148-11 relating to Lease ML 20646 compensation is assessed at $814.00 per annum to be paid in advance each year.

6. In respect of File number MRA 149-11 relating to Lease ML 20647 compensation is assessed at $921.00 per annum to be paid in advance each year.

7. In respect of File number MRA 689-10 relating to Lease ML 20648 compensation is assessed at $853.00 per annum to be paid in advance each year.

8. In respect of File number MRA 691-10 relating to Lease ML 20649 compensation is assessed at $1,052.00 per annum to be paid in advance each year.

9. In respect of each award of compensation the sum determined in respect of each lease is to be paid annually, the first such instalment to be paid within 30 days of the grant of the mining lease and thereafter in advance on the anniversary of the grant of the mining lease.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Collins v Coates [2012] QLC 0010
PARTIES:	Michael Dowse Collins (Applicant)
v.
Neil Leslie and Meridith Joyce Coates (Respondents)
FILE NO:	MRA144-11 ML 20642 MRA145-11 ML 20643 MRA146-11 ML 20644 MRA147-11 ML 20645 MRA148-11 ML 20646 MRA149-11 ML 20647 MRA 689-10 ML 20648 MRA 691-10 ML 20649
DIVISION:	Land Court of Queensland
PROCEEDINGS:	Determination of Compensation.
DELIVERED ON:	9 March 2012
DELIVERED AT:	Brisbane
HEARD AT:	Cairns
MEMBER:	His Honour, Mr WL Cochrane, Member
ORDERS:	1. In respect of File number MRA 144-11 relating to Lease ML 20642 compensation is assessed at $845.00 per annum to be paid in advance each year. 2. In respect of File number MRA 145-11 relating to Lease ML 20643 compensation is assessed at $785.00 per annum to be paid in advance each year. 3. In respect of File number MRA 146-11 relating to Lease ML 20644 compensation is assessed at $994.00 per annum to be paid in advance each year. 4. In respect of File number MRA 147-11 relating to Lease ML 20645 compensation is assessed at $940.00 per annum to be paid in advance each year. 5. In respect of File number MRA 148-11 relating to Lease ML 20646 compensation is assessed at $814.00 per annum to be paid in advance each year. 6. In respect of File number MRA 149-11 relating to Lease ML 20647 compensation is assessed at $921.00 per annum to be paid in advance each year. 7. In respect of File number MRA 689-10 relating to Lease ML 20648 compensation is assessed at $853.00 per annum to be paid in advance each year. 8. In respect of File number MRA 691-10 relating to Lease ML 20649 compensation is assessed at $1,052.00 per annum to be paid in advance each year. 9. In respect of each award of compensation the sum determined in respect of each lease is to be paid annually, the first such instalment to be paid within 30 days of the grant of the mining lease and thereafter in advance on the anniversary of the grant of the mining lease.
CATCHWORDS:	MINING LEASES – DETERMINATION OF COMPENSATION – principles – piecemeal approach – grazing land – access roads – avoidance of doubling-up – multiple leases held by one miner.
APPEARANCES:	Mr Collins in person. Mr Lyne (solicitor) for the Respondents.