Fitzgerald v Struber

[2014] QLC 20

LAND COURT OF QUEENSLAND

CITATION:

Fitzgerald v Struber [2014] QLC 20

PARTIES:

Kay Frances Fitzgerald
(applicant)

v

Stephen Struber and Dianne Wilson Struber
(respondents)

FILE NO:

MRA022-14

DIVISION:

General Division

PROCEEDING:

Application for determination of compensation

DELIVERED ON:

15 May 2014

DELIVERED AT:

Brisbane

HEARD ON:

Heard on the Papers
Decision reserved 8 May 2014

HEARD AT:

BRISBANE

MEMBER:

WA Isdale

ORDER:

1. Compensation is determined in the amount of Ten Dollars ($10) per hectare per annum for an area of 5 ha under s 281(3) of the Mineral Resources Act 1989.

2. Under s 281(4)(e) of the Mineral Resources Act 1989 an additional amount of compensation of One Dollar ($1) per hectare per annum for an area of 5 ha is determined.

3. The applicant shall pay the respondents the total compensation of Fifty-five Dollars ($55) per annum in advance of the year to which it relates with the first payment being made within 30 days of the grant of Mining Lease 20712.

4. The parties are to bear their own costs of the present proceedings.

CATCHWORDS:

Mineral Resources Act 1989, ss 279, 281

Mining Lease – Grant – Determination of Compensation

Fitzgerald v Struber [2013] QLC 43
Fitzgerald v Struber [2013] QLC 44
Mitchell v Oakhill and Mitchell (Unreported, Land Court of Queensland, 10 March 1998)
Shaw v Heritage Holdings Pty Ltd (1992-1993) 14 QLCR 139
Smith v Cameron (1986-1987) 11 QLCR 64

APPEARANCES:

The applicant made written submissions and requested that the matter be determined on the papers. The respondents did not make submissions.

Background

1. On 28 January 2014 the Mining Registrar referred to the Court the matter of compensation for the grant of Mining Lease (ML) 20712. This action was in accordance with s 279 of the Mineral Resources Act 1989 (the Act). The Mining Registrar has taken this step because compensation must be determined before a mining lease is granted and the holder of the mining tenement, the applicant, and the landowners, the respondents, have not reached agreement on the compensation which the applicant should pay to the landowners in accordance with the Act.

2. On 18 February 2014 the Court wrote to the parties setting out a timetable for them to provide information in the present proceeding. A copy of Land Court Practice Direction 5 of 2013 was included. The letter made clear that if material was not received within the time set and no application for an extension of time was sought, the Court may proceed to determine the matter without further notice to the parties. Material was provided on behalf of the applicant.

3. On the applicant’s behalf, it is requested that the matter be determined on the papers. The time within which the respondents were to provide their material has passed and no request for any extension of time has been received. The Court wrote to the respondents at the address given on the referral to the Court, namely PMB 14 at Cairns. In material filed on behalf of the applicant,…