Corella Valley Corporation Pty Ltd v Campbell

Corella Valley Corporation Pty Ltd sought to renew two mining leases, ML 2701 and ML 90106, located on Brightlands, a property south of Rosebud, held by the respondent, Mr Campbell. The dispute centred on compensation for the use of an access track that traverses Rosebud, which is also owned by Mr Campbell. Mr Campbell claimed compensation for the diminution of use of his land caused by the applicant's use of the access track, as well as for the cost of a valuer's report and legal fees under s 281(3)(a)(vi) of the Mineral Resources Act 1989 (Qld). The primary legal issue was whether the applicant was liable for compensation for the impact of its mining activities on Mr Campbell's land. Given the previous decisions in 2019 and 2021, where the Court had determined compensation to be nil due to insufficient evidence, the Court had to assess if the new valuer's report provided sufficient evidence to support Mr Campbell's claims.

The Court assessed the evidence presented by Mr Campbell, noting that the 2019 decision highlighted inadequacies in the evidence supporting the extent of disturbance. In the 2021 decision, the Court again found no basis for compensation due to a lack of valuation evidence. This time, Mr Campbell had engaged a solicitor and commissioned a valuer's report. However, the Court found that the report did not provide sufficient information to determine the extent of the diminution of use. The Court also considered the use of the access track by other miners and the public, and concluded that the applicant should only be liable for the proportion of the loss attributable to its own operations. As there was another miner using the access track, the Court found that the applicant should not bear the full amount of Mr Campbell's loss.

The Court determined that the applicant was not liable for compensation for access through Lot 554 on SP177589 for either mining lease renewal. The Court found that the valuer's report did not provide sufficient information to determine the extent of the diminution of use, and that the applicant should only be liable for the proportion of the loss attributable to its own operations. The Court also noted that the use of the access track by other miners and the public meant that the applicant should not bear the full amount of Mr Campbell's loss. Consequently, the Court determined compensation for access through Lot 554 on SP177589 to be nil ($0) for both mining leases.