Fitzgerald v Struber & Anor

[2019] QLC 6

LAND COURT OF QUEENSLAND

CITATION:

Fitzgerald v Struber & Anor [2019] QLC 6

PARTIES:

Patrick Charles Fitzgerald
(applicant)

v

Stephen Roy Struber
(respondent)

Dianne Rose Wilson-Struber
(respondent)

FILE NO:

MRA400-18

DIVISION:

General Division

PROCEEDING:

Determination of compensation for grant of mining lease

DELIVERED ON:

14 February 2019

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 12 February 2019

HEARD AT:

On the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1.    In respect of ML 100189 compensation is determined in the total sum of $303 per annum.

2.    The applicant pay compensation to the Public Trustee of Queensland the amount set out in order 1 within one month from grant of the mining lease by the Department of Natural Resources, Mines and Energy and thereafter annually on the anniversary of the grant of the mining lease.

CATCHWORDS:

MINING LEASE – grant – determination of compensation – absence of evidence or submissions – referral documents – mining district – use of Court judgments for determination purposes.

Mineral Resources Act 1989, s 279, s 279A, s 281(1),s 281(3)(a)
Public Trustee Act 1978 part 7
Fitzgerald v Struber [2013] QLC 44 applied
Fitzgerald & Anor v Struber & Ors [2014] QLC 29 applied
Fitzgerald v Struber & Anor [2018] QLC 18 applied
Markert v Struber & Anor [2018] QLC 44 applied
Pavey & Anor v Struber & Anor [2018] QLC 24 applied
Plethora Pty Ltd v Struber & Anor [2018] QLC 26 applied
Unimin Australia Limited v Freeman [2007] QLC 76 noted

Wills v Minerva Coal Pty Ltd [No.2] (1998) 19 QLCR 297 applied

APPEARANCES:

Not applicable

1. This matter concerns a referral to the Land Court by the Chief Executive, Department of Natural Resources, Mines and Energy pursuant to s 281(1) of the Mineral Resources Act 1989 (MRA) for the determination of compensation for the grant of Mining Lease 100189 (ML 100189) to Mr Patrick Charles Fitzgerald (the miner)

Background

1. The subject land is commonly known as Palmerville Station, is more particularly described as Lot 4 on SP 250040 and is located within the Mareeba Shire local government area. The land which has historically been used for grazing purposes is owned by the respondents Stephen Struber and Dianne Wilson-Struber (the landowners).

1. The landowners are currently serving a period of imprisonment and as a consequence their address for service is recorded as C/- Public Trustee of Queensland PO Box 565 Cairns QLD 4871.

1. Details of the relevant Land Court reference and specific lease and tenure areas are set out as follows:

Reference	Tenure ID	Mining Area	Access Area	Term	Purpose
MRA400-18	ML 100189	26.24 ha	.15 ha	15 years	Colluvial-Alluvial-Gold/Tin

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 the Department of Natural Resources, Mines and Energy (DNRME) and…