Endeavour Mining Pty Ltd v Mintram

In the Land Court of Queensland, the case of Endeavour Mining Pty Ltd v Mintram involved a dispute over the compensation payable for the renewal of two mining leases, ML30077 and ML30078. The case was heard by Mr PA Smith, a member of the Land Court, and the primary issue was determining the compensation payable by Endeavour Mining Pty Ltd to Lance William Mintram and Joan Edna Mintram. The matter was referred to the court as the landholders and the miner had not agreed on the compensation for the lease renewals.

The legal issues that the court had to decide included the amount of compensation for the loss of the breeding area and additional management costs due to the mining activities, and the appropriate compensation for the compulsory nature of the mining lease renewals. The court considered the evidence provided by Mr Mintram and the documents submitted, including a statement relating to compensation, a letter detailing costs for another mining lease, and the code of conduct for landholders and explorer relations. The court also had to consider the impact of a cyanide leak from the mine in 2004, which had not been resolved.

The court reasoned that the compensation should be determined based on the limited material before it, taking into account the loss of the breeding area, additional management costs, and the compulsory nature of the mining lease renewals. The court found that the loss of the breeding area over a five-year period equated to $1,500, and allowed an amount of $100 per year for additional management costs, which amounted to $500 for the five-year period. The court also considered the compulsory nature of the mining lease and decided that 25% of the aggregate determined compensation should be allowed to reflect this. Therefore, the total compensation for the renewal of both mining leases was determined to be $2,500, or $1,250 for each mining lease.

Final orders made by the court included requiring Endeavour Mining Pty Ltd to pay compensation to the landholders in the sum of $1,250 for each mining lease within 28 days of the date of the determination.