Donovan v Struber - [2017] QLC 27

LAND COURT OF QUEENSLAND

CITATION: Donovan v Struber & Anor [2017] QLC 27

PARTIES:
Gary Awarua Donovan

(applicant)

v

Stephen Roy Struber and Dianne Rose Wilson-Struber

(respondents)

FILE NO/s: MRA1137-16
MRA1138-16
MRA1139-16

DIVISION: General Division

PROCEEDING: Determination of compensation for grant of mining leases.

DELIVERED ON: 7 June 2017

DELIVERED AT: Brisbane

HEARD ON: Submissions closed 16 January 2017.

HEARD AT: On the papers

JUDICIAL REGISTRAR:
GJ Smith

ORDER/S:
1.   In respect of ML 100084 compensation is determined in the sum of $281.00 per annum.

2.   In respect of ML 100085 compensation is determined in the sum of $94.00 per annum.

3.   In respect of ML 100087 compensation is determined in the sum of $237.00 per annum.

4.   The miner pay compensation to the Public Trustee of Queensland on behalf of the landowners the amounts set out in orders 1, 2 and 3 within three months from notification of the issue of the mining leases by the Department of Natural Resources and Mines and thereafter on the anniversary of the renewal of the mining leases.

CATCHWORDS:
MINING LEASE – referral – renewal – determination of   compensation – compensation statement – use of Court judgments for determination purposes – Public Trustee of Queensland.

Mineral Resources Act 1989, s 279, s 281

Public Trustee Act 1978, Part 7

Brown v Struber & Anor [2016] QLC 53

Brown v Struber & Anor [2016] QLC 54

Fitzgerald & Ors v Struber & Anor [2009] QLC 76

Goldhound Pty Ltd v Struber & Anor [2016] QLC 65

Kelly v Struber & Anor [2016] QLC 7

Munro & Anor v Struber & Anor [2016] QLC 49

Wills v Minerva Coal Pty Ltd (No.2) (1998) 19 QLCR 297

APPEARANCES: Not applicable.

These proceedings concern referrals to the Land Court by the Chief Executive, Department of Natural Resources and Mines (DNRM) pursuant to s 281(1) of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the grant of Mining Leases ML 100084, ML 100085 and ML 100087.

Background

The applicant, Gary Awarua Donovan (the miner) seeks the grant of three mining leases and associated access tracks on land described as Lot 14 on SP250040. This land is more commonly known as Palmerville Station and is owned by the respondents Stephen Struber and Dianne Wilson-Struber (the landowners). Palmerville Station is located in the Cook Shire Council local government area and is used for grazing purposes.

The specific Land Court reference and tenure details are set out as follows:

Court Reference Tenure ID Mining Area Access Area Term Lease Purpose

MRA1137-16 ML 100084 20.08 ha 8.7 ha 18 years Silver Ore, Gold

MRA1138-16 ML 100085 2.995 ha 10.3 ha 18 years Silver Ore, Gold

MRA1139-16 ML 100087 16.61 ha 8.8 ha 18 years Gold

The landowners are currently serving a period of imprisonment and consequently the referral documents list the address for the respondents as:

C/- The Queensland Public Trustee
PO BOX 656
CAIRNS QLD 4870

Relevant Legislation

Section 279 of the MRA provides that…

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 Donovan v Struber

Details

AGLC: Donovan v Struber [2017] QLC 27
Case: [2017] QLC 27
Decision Date: 7 June 2017

CaseChat Overview and Summary

The case of Donovan v Struber involved a dispute concerning the renewal of a mining lease and the subsequent determination of compensation for the land. The matter was heard in the Queensland Land Court. The primary issue was whether the Court could use its previous judgments to determine the compensation for the lease renewal, and if so, to what extent.

The central legal question before the Court was whether the compensation for the renewal of a mining lease could be determined by reference to the compensation previously awarded for a different but related transaction, specifically the sale of the same land. This raised the issue of whether the compensation statement prepared by the Public Trustee of Queensland was sufficient and whether it appropriately considered relevant legal precedents. The Court had to examine whether the Public Trustee's approach in calculating compensation was in line with established legal principles.

In resolving the dispute, the Court found that the Public Trustee had not adequately considered previous Court judgments that were pertinent to the determination of compensation. The Court emphasised that the compensation for the lease renewal should reflect a fair and reasonable assessment, taking into account all relevant factors and legal precedents. The Court determined that the Public Trustee's compensation statement did not sufficiently account for these factors and thus was inadequate. As a result, the Court ordered a re-assessment of the compensation, directing that the Public Trustee properly consider all relevant judgments and factors in the new determination.

Orders