Dunn v Burtenshaw

[2010] QLAC 5

LAND APPEAL COURT OF QUEENSLAND

CITATION:

Dunn v Burtenshaw & Anor [2010] QLAC 0005

PARTIES:

Gary Dunn
(Appellant)

v.

Rosemary Anne, Cameron Grenville Frederick & Gary Frederick Burtenshaw
(First Respondent)

and

Chief Executive, Department of Environment and Resource Management
(Statutory Party)

FILE NO:

LAC006-10

DIVISION:

Land Appeal Court of Queensland

PROCEEDING:

Appeal

DELIVERED ON:

28 October 2010

DELIVERED AT:

Cairns

HEARD AT:

Cairns 14 September 2010

THE COURT:

The Honourable Justice Jones AO
His Honour, Mr WL Cochrane, Member
His Honour, Mr WA Isdale, Member

ORDER:

1.   The appeal is dismissed.

CATCHWORDS:

Appeal – Right of Appeal – where objector sought to appeal against recommendation made by Land Court Member pursuant to s.269 Mineral Resources Act 1989 – whether hearing pursuant to s.268 of Mineral Resources Act is a “proceeding” as that term is used in s.64 Land Court Act 2000 – whether “recommendation” made pursuant to s.269 of Mineral Resources Act 1989 is a “decision” for the purposes of s.64 of Land Court Act 2000.  Jurisdiction of Land Appeal Court. 

Mineral Resources Act 1989 s.265, s.268, s.271, s.363

Land Court Act 2000 s.64

Land and Resources Tribunal Act 1999 No. 7 of 1999

Land Court and Other Legislation Amendment Act 2007

Re Warden French ex parte Serpentine-Jarrahdale Ratepayers and Residents Association [1994] 11 WAR 315

Re His Worship Mr Calder SM; ex parte Gardener (1999) 20 WAR 525, [1992] 7 WAR 375 (at 385)

Re Minister for Mines, Fuel and Energy; ex parte Trythall [1992] 7 WAR 375 (at 385)

Sinclair v Mining Warden at Maryborough & Anor [1974-75] 132 CLR 473

Re The Mining Warden at Maryborough v Titanium Mines Pty Ltd ex parte Sinclair (1975) Qd R 235

APPEARANCES:

The Appellant in person
Mrs R.A Burtenshaw for the Respondents
Mr A Kwan (solicitor) for the Statutory Party

Background

1. This is an appeal in respect of a recommendation made by the Land Court on 13 April 2010 whereby it was recommended that, subject to a special condition that no chemicals are to be used in the processing and separation of the mined material which is to be processed by washing and separating and drying and subject to fulfilment of any processes pursuant to the Native Title Act 1993 (Commonwealth), the Honourable Minister for Natural Resources and Mines and Energy and the Minister for Trade grant two mining leases, ML20541 and ML20542 on land described as Lot 43 on SP106048 and Lot 219 on AP2662. The leases are on a property otherwise described as Coolgarra Station at Mt Garnett within the Mareeba Mining District. The respondents are the owners of Coolgarra Station.

2. This appeal is against a recommendation of the Land Court consequent upon a hearing pursuant to s.268 of the Mineral Resources Act 1989 (the MRA). Seemingly, the appeal is brought in reliance upon s.64 of the Land Court Act 2000. Mr Dunn, the appellant, in the present proceedings lodged objections to both mining lease applications. Accordingly a date was set for hearing of objections…