DeLacey & Anor v Kagara Pty Ltd - [2009] QLC 77

LAND COURT OF QUEENSLAND

CITATION:De Lacey & Anor v Kagara Pty Ltd [2009] QLC 77
PARTIES:Ralph De Lacey and Stuart V Foster
(Applicants)
- and -
Kagara Pty Ltd
(respondent)
- and -
Environmental Protection Agency
(statutory party)

FILE NOS:AML00195/2007
ENO00229/2007
AML00196/2007
ENO00230/2007
AML00197/2007
ENO00231/2007
AML00199/2007
ENO00233/2007

PARTIES:Ralph De Lacey
(applicant)
- and -
Kagara Pty Ltd
(respondent)
- and -
Environmental Protection Agency
(statutory party)

FILE NOS:AML00198/2007
ENO00232/2007
AML00200/2007
ENO00234/2007

AML00201/2007
ENO00235/2007

AML00202/2007
ENO00236/2007

DIVISION:Land Court of Queensland – general division
PROCEEDING:                   Applications for mining leases and objections thereto
DELIVERED ON:         2 June 2009
DELIVERED AT:                Brisbane
HEARD AT:Brisbane
MEMBER:Mr PA Smith
ORDERS:
WITH RESPECT TO EACH MLA

1I allow the Applicant until 4pm 19 June 2009 to file and serve draft special conditions to the Draft Environmental Authority consistent with paragraphs 178 and 179 hereof.
2Apart from MLA 20488, I allow the Objector and the Statutory Party until 4pm 29 June 2009 to file and serve their written submissions in this regard (incorporating, as appropriate, their suggested special conditions); and
3Apart from MLA 20488, I allow the Applicant until 4pm 3 July 2009 to file and serve written submissions in reply.
4Apart from MLA 20488, should any party wish to be heard orally, they are to make their request to the other parties and the Court by 4pm 6 July 2009.

RECOMMENDATION – MLA 20488
5Provided that special conditions consistent with paragraphs 178 and 179 are made, and subject to Right to Negotiate processes under the Native Title Act 1993 (Cwth), I recommend to The Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade that ML 20488 be granted to the Applicants, for the purposes and term sought by the Applicants.

RECOMMENDATION – MLA 20496

6Provided that special conditions consistent with paragraphs 178 and 179 are made, together with special conditions that the Applicants do not prohibit the movement of stock through Lot 45 CP 851407 Reserve (R14) , and subject to Right to Negotiate processes under the Native Title Act 1993 (Cwth), I recommend to The Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade that ML 20496 be granted to the Applicants, for the following minerals and purposes: silver ore, gold, copper ore, iron ore, garnet, living quarters/camp, lead ore, tin ore, treatment plant/mill site, tungsten/wolfram/scheelite, workshop/machinery/storage, water supply and zinc ore, for the term sought by the Applicants

ORDERS – MLA 20496

7I allow the Applicant until 4pm 19 June 2009 to file and serve written submissions as to the nature of any amendments that may be made to the draft environmental authority in light of condition 14, and whether, as a consequence of such amendments, the draft environmental authority would remain at level 2, (incorporating, as appropriate, suggested special conditions) or whether I have little discretion other than to recommend that the MLA not be granted;
8I allow the Objector and the Statutory Party until 4pm 29 June 2009 to file and serve their written…

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 DeLacey & Anor v Kagara Pty Ltd

Details

AGLC: De Lacey v Kagara Pty Ltd [2009] QLC 77
Case: [2009] QLC 77
Decision Date: 2 June 2009

CaseChat Overview and Summary

The applicants, Ralph De Lacey and Stuart Foster, sought the grant of eight mining leases over land in the Chillagoe area. The objector, Kagara Pty Ltd, opposed the applications. The applicants were also required to apply for an environmental authority in relation to each mining lease. The objector also objected to the applicants' environmental authority applications. The Environmental Protection Agency appeared as a statutory party in relation to the environmental authority applications. The issues before the Court included the adequacy of the applicants' objections, the particularisation of the objector's objections, the credit of witnesses and the adequacy of the applicants' environmental authority applications. The Court found that the objector's objections were properly particularised. The Court found that Mr De Lacey's evidence was, in part, deceptive and lacking in credit. The Court found that the applicants' environmental authority applications were inadequate. The Court recommended that the mining leases be granted subject to special conditions and subject to Right to Negotiate processes under the Native Title Act 1993 (Cth).

Orders