Fitzgerald v Struber
[2013] QLC 43
•11 July 2013
LAND COURT OF QUEENSLAND
CITATION: Fitzgerald v Struber [2013] QLC 43
PARTIES: In the matter of Mining Lease No 20168 – Determination of compensation payable by Kay Frances Fitzgerald to Stephen Struber and Dianne Wilson-Struber
FILE NO:MRA072-12
PROCEEDING: Application for determination of compensation
DELIVERED ON: 11 July 2013
DELIVERED AT: Brisbane
MEMBER:Mr BR O’Connor, Judicial Registrar
ORDERS:1. Compensation determined at $130 per annum.
2. The miner pay compensation of $130 to the landholders within two months from notification of the renewal of the mining lease by the Mining Registrar and $130 per annum payable on the anniversary of the renewal of the mining lease.
CATCHWORDS: MINING LEASE – DETERMINATION OF COMPENSATION
Mineral Resources Act 1989 s.281
APPEARANCES: Not applicable – Heard on the Papers
Background
On 5 December 2008 Kay Frances Fitzgerald (the miner) lodged an application for renewal of Mining Lease 20168 for a term of 10 years with the Mining Registrar, Mareeba District.
This determination of compensation relates to access to the mining lease and to the mining lease itself. Both access and the lease relates to property (Palmerville Station) Lot 14 on SP 20168 (formerly Lot 2 on CP 910619) owned by Stephen Struber and Dianne Wilson-Struber (the landholders). The Mining Lease area is 11 hectares (rounded).
The reason that this matter has been delayed (along with other Mining Leases relating to Palmerville Station) is that notices to the landowners inviting them to make submissions on this compensation hearing were returned to the Court marked “unable to be delivered”. After alternative attempts to arrange service were unsuccessful, the Court Registrar was ultimately able to arrange with the landowners’ solicitor, Mrs Anne English (Bottoms English Solicitors Cairns), for delivery of the material to be made to the landowners. This took place on or about Monday, 3 June 2013.
No response has been received from the landowners regarding submissions on compensation by the required date 1 July 2013. The miner also has made no submissions to compensation.
The absence of detailed compensation evidence from both sides clearly makes the task of the Court in determining compensation difficult. In the circumstances, I adopt the analysis of the legislative provisions, compensation principles and methodology applied by Mining Referee Windridge in Re Wallace & Ors & Evans.[1]
[1] [2006] QLRT 93.
Determination
Taking into account all heads of compensation in s.281(3) of the Mineral Resources Act 1989 (the Act), I assess compensation for the mining lease in the minimal sum of $10 per hectare per annum for the term of the lease and access in the sum of $10 per annum for the term of the lease. Pursuant to s.281(4)(e) of the Act, I award the additional sum of $10 per annum (rounded).
Taking all relevant factors into account, I order that the miners pay the total compensation of $130 per annum to the landholders, the first payment within two months from notification of the renewal of the mining lease by the Mining Registrar and annual payments on the anniversary of the date of renewal of the lease.
BR O’CONNOR
JUDICIAL REGISTRAR
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