Fitzgerald v Struber

[2016] QLC 48

LAND COURT OF QUEENSLAND

CITATION:

Fitzgerald v Struber & Anor [2016] QLC 48

PARTIES:

Cheryl May Fitzgerald
(applicant)

v

Stephen Roy Struber & Dianne Rose Wilson-Struber

(respondents)

FILE NO:

MRA080-16

DIVISION:

General Division

PROCEEDING:

Determination of compensation for grant of a mining lease

DELIVERED ON:

17 August 2016

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 4 May 2016

HEARD AT:

Heard on the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1.    In respect of ML 100034 compensation is determined in the total sum of $550 for the initial grant period of 10 years.

2.    The miner pay compensation to the Public Trustee of Queensland on behalf of the landowners the amount set out in order 1 within three months from notification of the issue of the mining lease by the Department of Natural Resources and Mines.

CATCHWORDS:

MINING LEASE – grant – referral – determination of   compensation – absence of expert or valuation evidence – use of Court judgments for determination purposes.

Mineral Resources Act 1989 s 281(1)

Public Trustee Act 1978

Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor [2014] QLC 38
Re Fitzgerald & Anor v Struber & Anor [2009] QLC 76

Unimin Australia Limited v Freeman [2007] QLC 76
Wallace & Ors v Bottomer & Ors [2015] QLC 23
Wills v Minerva Coal Pty Ltd [No.2] (1998) 19 QLCR 297

APPEARANCES:

Not applicable

1. This proceeding concerns a referral 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 Lease 100034. The referral documents list the address for the respondents as:

   ANDREW RUSHTON
             PRINCIPAL PUBLIC TRUST OFFICER
             PUBLIC TRUST OFFICE
             PO BOX 656

   CAIRNS QLD 4870

Background

1. The applicant, Cheryl May Fitzgerald (the miner) seeks the grant of a mining lease located on land described as Lot 14 on SP 250040.  The Mining Lease Area comprises of 4.6 ha within Palmerville Station which is owned by the respondents Stephen Struber and Dianne Wilson-Struber (the landowners). 

2. The property is located in the Cook Shire Local Government area and is used for grazing purposes. 

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

Court Reference	Tenure ID	Area	Term	Lease Purpose
MRA080-16	ML 100034	4.6 ha	10 years	Gold – Tin

1. On 15 December 2015 a Certificate of Application for Mining Lease 100034 was issued by the Mining Registrar at Mareeba.

Relevant Legislation

1. Section 279 of the MRA provides that a mining lease shall not be granted or renewed unless an agreement in relation to compensation has been filed or, in the absence of such an agreement, a determination of compensation has been made by the Land Court.  In this matter, no agreement has been lodged with DNRM and the matter has been referred to the Land Court for determination.

1. Section 281 of the MRA identifies the matters which must be considered by the Court when determining compensation.…