Crossland v Struber

The case of Crossland v Struber & Anor [2008] QLC 0100 involved an application by Paul Edwin Crossland for the determination of compensation in relation to the proposed grant of a mining lease on land owned by Stephen Roy Struber and Dianne Wilson-Struber. The Land Court of Queensland was tasked with determining the compensation payable to the respondents as a result of the proposed grant of the mining lease to the applicant. The respondents, the landowners, had not lodged any submission and had ignored the directions issued by the Court. The applicant, the miner, had attempted to reach a satisfactory arrangement with the landowner but these attempts were ignored or rebuffed.

The legal issues before the Court included the determination of compensation under section 281 of the Mineral Resources Act 1989 for the effect upon the landowner of the proposed grant of the mining lease. The Court was required to consider the various factors set forth in section 281(3) of the Act, including deprivation of possession of the surface of land, diminution of the value of the land or any improvements thereon, diminution of the use made or which may be made of the land or any improvements thereon, severance of any part of the land from other parts thereof or from other land of the owner, surface rights of access, and any loss or expense that arises as a consequence of the grant or renewal of the mining lease. The Court was also required to consider the additional factor set forth in section 281(4) of the Act, which provides for an additional amount to be determined to reflect the compulsory nature of the action taken under the Act.

The Court determined that a nominal award of compensation of $1 for a term of 17 years was an appropriate award given the lack of valuation evidence and the landowner's obstructionist attitude to negotiations and Court orders. The Court also recommended that the State of Queensland acquire the property and merge the area into the Palmer River Resources Reserve to be placed under the administration of the current Trustees of the Reserve. The Court further ordered that a copy of this determination be forwarded to the Honourable the Minister for Mines and Energy by the Registrar of the Land Court of Queensland for his consideration.

In summary, the Land Court of Queensland determined compensation of $1 for a term of 17 years in favour of the respondents and recommended that the State of Queensland acquire the property and merge the area into the Palmer River Resources Reserve. The Court also ordered that a copy of this determination be forwarded to the Honourable the Minister for Mines and Energy for his consideration.