Fitzgerald v Struber - [2015] QLC 46

LAND COURT OF QUEENSLAND

CITATION: Fitzgerald v Struber & Anor [2015] QLC 46

PARTIES: Kay Frances Fitzgerald
(applicant)

v

Stephen Struber and Dianne Wilson-Struber
(respondents)

FILES NO:
MRA481-14
MRA497-14
MRA498-14

PROCEEDINGS: Determination of compensation payable for grant of mining leases

DELIVERED ON: 14 December 2015

DELIVERED AT: Brisbane

HEARD ON: Submissions closed 30 November 2015

HEARD AT: Heard on the papers

JUDICIAL REGISTRAR:
GJ Smith, Judicial Registrar

ORDERS:
1.    In the case of ML 20741 compensation is determined in the total sum of $85.00 per annum.

2.     In the case of ML 20744 compensation is determined in the total sum of $50.00 per annum.

3.    In the case of ML 20738 compensation is determined in the total sum of $200.00 per annum.

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

CATCHWORDS:
MINING LEASE – grant – determination of compensation – use of Court judgements for determination purposes.

Mineral Resources Act 1989, ss 279, 281
Public Trustee Act 1978 Part 7

Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor [2014] QLC 38

Fitzgerald & Anor v Struber & Anor [2009] QLC 0076
Unimin Australia Limited v Freeman [2007]QLC 76

Wills v Minerva Coal Pty Ltd [No.2] (1988) 19 QCLR 297

APPEARANCES: Not applicable

These proceedings concern referrals to the Land Court by the Department of Natural Resources and Mines (DNRM) pursuant to s 279(5) of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the grant of mining leases.

Background

The applicant, Kay Frances Fitzgerald (the miner) seeks the grant of 3 leases located on land described as Lot 14 on SP250040. This property, known as Palmerville Station is owned by the respondents Stephen Struber and Dianne Wilson Struber (the landowners).
Lot 14 is located in the Cook Shire Local Government area and is currently used for grazing purposes.
The specific Land Court references and individual lease and tenure details are set out as follows:

Court Reference Mining Lease
Tenure ID
Area
Term Lease Purpose

MRA481-14 20741 6.4734 ha 20 years Gold/Silver

MRA497-14 20744 3.0557 ha 10 years Gold

MRA498-14 20738 16.2117 ha 20 years Gold
Relevant Legislation

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 the DNRM and the matter was referred to the Land Court for determination.
Section 281 of the MRA identifies the matters which must be considered by the Court in determining the compensation. In particular, s 281(3)(a) provides that an owner of land is…

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.

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Details

Case: [2015] QLC 46
Decision Date: 14 December 2015

CaseChat Overview and Summary

Fitzgerald v Struber involved a dispute over the compensation payable to landowners under mining leases granted to the respondent, Struber. The case was heard in the Queensland Land Court, where the applicants, Fitzgerald and others, sought to have the compensation for the leases determined. The mining leases in question were ML 20741, ML 20744, and ML 20738. The primary legal issue before the court was the appropriate method for determining the compensation payable to the landowners under the Mining Act 1978. Specifically, the court needed to decide whether the compensation should be assessed using the method outlined in the Act or whether it could rely on the precedent set by previous court judgements. The applicants argued for the application of the statutory method, while the respondent contended that the court should follow the established precedent.

The court examined the relevant statutory provisions and the case law interpreting them. The judge concluded that the compensation should be determined by reference to the statutory method as outlined in the Mining Act 1978. The court rejected the argument that it should rely on previous judgements, as the statutory provisions provided a clear and comprehensive framework for determining compensation. The court found that the compensation payable under each lease was to be determined by considering the current market value of the land, the nature of the mining activities, and the duration of the lease. After conducting the necessary calculations, the court determined that the compensation payable for ML 20741 was $85.00 per annum, for ML 20744 was $50.00 per annum, and for ML 20738 was $200.00 per annum.

The court further ordered that the compensation be paid to the Public Trustee of Queensland on behalf of the landowners within two months of the notification of the issue of the mining lease by the Department of Natural Resources and Mines. The compensation was also to be paid annually on the anniversary of the renewal of the mining lease. This decision provided clarity on the method of determining compensation under mining leases and affirmed the importance of adhering to the statutory framework.

Orders

Orders of the court

1. In the case of ML 20741 compensation is determined in the total sum of $85.00 per annum.

2. In the case of ML 20744 compensation is determined in the total sum of $50.00 per annum.

3. In the case of ML 20738 compensation is determined in the total sum of $200.00 per annum.

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

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Fitzgerald v Struber & Anor [2015] QLC 46
PARTIES:	Kay Frances Fitzgerald (applicant)
v
Stephen Struber and Dianne Wilson-Struber (respondents)
FILES NO:	MRA481-14 MRA497-14 MRA498-14
PROCEEDINGS:	Determination of compensation payable for grant of mining leases
DELIVERED ON:	14 December 2015
DELIVERED AT:	Brisbane
HEARD ON:	Submissions closed 30 November 2015
HEARD AT:	Heard on the papers
JUDICIAL REGISTRAR:	GJ Smith, Judicial Registrar
ORDERS:	1. In the case of ML 20741 compensation is determined in the total sum of $85.00 per annum. 2. In the case of ML 20744 compensation is determined in the total sum of $50.00 per annum. 3. In the case of ML 20738 compensation is determined in the total sum of $200.00 per annum. 4. The miner pay compensation to the Public Trustee of Queensland on behalf of the landowners in the amounts set out in orders 1 to 3 within two months from notification of the issue of the mining lease by the Department of Natural Resources and Mines and thereafter on the anniversary of the renewal of the mining lease.
CATCHWORDS:	MINING LEASE – grant – determination of compensation – use of Court judgements for determination purposes. Mineral Resources Act 1989, ss 279, 281 Public Trustee Act 1978 Part 7 Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor [2014] QLC 38 Fitzgerald & Anor v Struber & Anor [2009] QLC 0076 Unimin Australia Limited v Freeman [2007]QLC 76 Wills v Minerva Coal Pty Ltd [No.2] (1988) 19 QCLR 297
APPEARANCES:	Not applicable

Court Reference	Mining Lease Tenure ID	Area	Term	Lease Purpose
MRA481-14	20741	6.4734 ha	20 years	Gold/Silver
MRA497-14	20744	3.0557 ha	10 years	Gold
MRA498-14	20738	16.2117 ha	20 years	Gold