Densyl Sandstone Pty Ltd v White & Anor

LAND COURT OF QUEENSLAND

CITATION:

Densyl Sandstone Pty Ltd v White & Anor [2014] QLC 35

PARTIES:

Densyl Sandstone Pty Ltd
(applicant)

v

Robert Graham White and Robyn Doris White as TTE
(respondents)

FILE NO:

MRA309-12
MRA108-13

DIVISION:

General Division

PROCEEDING:

Determination of compensation payable for renewal of mining leases

DELIVERED ON:

24 October 2014

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 22 October 2014

HEARD AT:

Heard on the Papers

ACTING PRESIDENT:

PA Smith

ORDER:

1.    As regards ML 20032 (MRA309-12):

      (a)  Compensation is determined in the total sum of Three Hundred and Thirty Dollars ($330)

      (b)  Densyl Sandstone Pty Ltd pay the total compensation of $330 to Robert Graham White and Robyn Doris White as TTE within two months of the renewal of ML 20032.

2.    As regards ML 20132 (MRA108-13):

      (a)  Compensation is determined in the total sum of Three Hundred and Thirty Dollars ($330)

      (b)  Densyl Sandstone Pty Ltd pay the total compensation of $330 to Robert Graham White and Robyn Doris White as TTE within two months of the renewal of ML 20132.

CATCHWORDS:

MINING LEASES – determination of compensation – factors to be considered – lack of material from parties

Mineral Resources Act 1989

Fitzgerald v Struber [2009] QLC 76
Horn v Sunderland Corporation [1941] 2 KB 26
McGrath v Callaghan & Ors [2011] QLC 29
Mintram & Anor v Endeavour Mining Pty Ltd (2010) 31 QLCR 153
Mitchell v Oakhill and Mitchell (10 March 1998) unreported
Richardson v Barrett [2001] QLRT 89
Shaw v Heritage Holdings Pty Ltd (1992-93) 14 QLCR 139
Smith v Cameron (1986) 11 QLCR 64
Unimin Australia Limited v Maurice and Tricia Freeman (2007) QLC 76

APPEARANCES:

Not applicable

Background

1. The applicant Densyl Sandstone Pty Ltd (the miner) currently holds Mining Lease (ML) 20032 and ML 20132. The miner applied for a renewal of ML 20032 on 22 March 2012 for a period of 10 years, and for a renewal of ML 20132 on 13 December 2012, also for a period of 10 years.

2. Both MLs are located on Eureka Creek Station which is owned by Robert Graham White and Robyn Doris White as TTE (the landholders). There is also access to each ML from the boundary of Eureka Creek Station.

3. From mapping material provided by the Mining Registrar, Mareeba, each access through the landholder’s property is about 1 km long. ML 20032 has an area of 2.462 ha and ML 20132 has an area of 2.2667 ha.

Principles of compensation

1. Section 279 of the Mineral Resources Act 1989 (MRA) provides that a mining lease shall not be granted or renewed unless an agreement in relation to compensation has been filed at the office of the Mining Registrar, or in the absence of such an agreement, a determination of compensation has been made by the Court. In these matters, no agreements have been lodged with the Mining Registrar and the matters have been referred to the Court for determination.

2. The issues which must be considered by the Court are…