LAND COURT OF QUEENSLAND
CITATION: Fitzgerald & Anor v Struber & Ors [2014] QLC 29 PARTIES: Patrick Charles Fitzgerald and Kay Frances Fitzgerald
(Applicants)
v. Stephen Struber and Dianne Wilson-Struber
(Respondents)
And Chief Executive, Department of Environment and Heritage Protection
(Statutory Party)FILE NO/S: MRA079-11, EPA080-11 and MRA871-12 DIVISION: Land Court of Queensland PROCEEDINGS: Application for Mining Lease and Objections; Objections to draft environmental authority; Claim for compensation for grant of mining lease. DELIVERED ON: 5 September 2014 DELIVERED AT: Brisbane HEARD AT: Decision on the papers. MEMBER: His Honour, Mr WL Cochrane ORDERS: 1. Pursuant to s 269(1) of the Mineral Resources Act 1989, I recommend to the Honourable the Minister for Natural Resources and Mines that Mining Lease ML 20659 be granted over the application area for the term sought.
2. Pursuant to s 222(1)(a) of the Environmental Protection Act 1994, I recommend to the Honourable the Minister for Environment and Heritage Protection that the environmental authority be issued in terms of the draft Environmental Authority No. MIC 201161110 issued on 24 February 2010.
3. The Applicants are to pay compensation in respect of ML 20659 in the following amounts:-
(a) A one off fee of $500 for inspection of the application documents and mining lease.
(b) $680 per year for the mining lease and access.
4.The Applicants are to pay the compensation, including the one off inspection fee, within three months of the notification of the grant of the mining lease by the mining registrar and thereafter annually in advance on the anniversary of the notification.
5. I direct that the Registrar of the Land Court send a copy of these reasons to the Honourable the Minister for Environment and Heritage Protection and to the Honourable the Minister for Natural Resources and Mines.
CATCHWORDS: Mining – Mining Lease – Recommendation – Objections – Mineral Resources Act1989 ss 238, 252, 269, and 422 – Mining – Mining Lease – Determination of Compensation – Mineral Resources Act 1989 s 281 – Pryce v Struber and Chief Executive, Department of Environment and Heritage Protection [2013] QLC 32 - Environment – draft Environmental Authority – objections – Environmental Protection Act1994 – ss 219, 220, 222, 223
Baldwin v Struber [2012] QLC 0056
Dembrowski & Anor v Struber & Anor, Re [2006] QLRT 44
Mitchell v Oakhill and Mitchell (10 March 1998)
Pryce v Struber and Chief Executive, Department of Environment and Heritage Protection [2013] QLC 32.
Re Wilkins and Mudge [2009] QLC 0075
Shaw v Heritage Holdings Pty Ltd [1992-93] 14 QLCR 139
Smith v Cameron [1986-87] 11 QLCR 64APPEARANCES: Not applicable – Heard on the papers.
Background
Files MRA079-11 and EPA080-11 were referred by the Mining Registrar for the Mareeba District on 8 March 2011 for determination by this Court in accordance with the Mineral Resources Act 1989 (MRA) and the Environmental Protection Act 1994 (EPA) for an application for ML 20659 and associated environmental authority together with objections. File MRA871-12 was referred by…
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- AGLC
- Fitzgerald & Anor v Struber & Ors [2014] QLC 29
- Case
- [2014] QLC 29
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the objections raised by the respondents were valid under the Mineral Resources Act 1989 and the Environmental Protection Act 1994, and if so, what recommendations should be made to the ministers regarding the mining lease and environmental authority. The court also needed to determine the appropriate compensation for the mining lease as required by the Mineral Resources Act. The court considered various statutory provisions, including sections 220, 222, and 223 of the EPA, and sections 238, 252, 269, and 422 of the MRA. The court was particularly mindful of the limitations imposed by section 268(3) of the MRA, which restricts objections that have not been formally lodged.
The court found that the objections were valid and considered the relevant statutory criteria, including the application documents, regulatory requirements, standard criteria, and objections raised. The court determined that the objections did not warrant refusal of the mining lease or the environmental authority, and therefore recommended to the Minister for Natural Resources and Mines that the mining lease be granted and to the Minister for Environment and Heritage Protection that the environmental authority be issued in accordance with the draft. The court also calculated the compensation payable by the applicants under the Mineral Resources Act, setting a one-off inspection fee and an annual fee for the mining lease and access.
In conclusion, the Land Court recommended the grant of the mining lease and the environmental authority, subject to the objections being considered, and ordered the applicants to pay the specified compensation within the stipulated timeframe. The court directed the Registrar of the Land Court to send a copy of the reasons to the relevant ministers.
Orders
Orders of the court
1. Pursuant to s 269(1) of the Mineral Resources Act 1989, I recommend to the Honourable the Minister for Natural Resources and Mines that Mining Lease ML 20659 be granted over the application area for the term sought.
2. Pursuant to s 222(1)(a) of the Environmental Protection Act 1994, I recommend to the Honourable the Minister for Environment and Heritage Protection that the environmental authority be issued in terms of the draft Environmental Authority No. MIC 201161110 issued on 24 February 2010.
3. The Applicants are to pay compensation in respect of ML 20659 in the following amounts:-
(a) A one off fee of $500 for inspection of the application documents and mining lease.
(b) $680 per year for the mining lease and access.
4.The Applicants are to pay the compensation, including the one off inspection fee, within three months of the notification of the grant of the mining lease by the mining registrar and thereafter annually in advance on the anniversary of the notification.
5. I direct that the Registrar of the Land Court send a copy of these reasons to the Honourable the Minister for Environment and Heritage Protection and to the Honourable the Minister for Natural Resources and Mines.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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