Fitzgerald v Struber & Anor

[2018] QLC 18

LAND COURT OF QUEENSLAND

CITATION:

Fitzgerald v Struber & Anor [2018] QLC 18

PARTIES:

Patrick Charles Fitzgerald
(applicant)

v

Stephen Roy Struber
(respondent)

and

Diane Rose Wilson-Struber
(respondent)

FILE NO:

MRA707-17

DIVISION:

General division

PROCEEDING:

Determination of compensation payable for grant of a mining lease

DELIVERED ON:

29 June 2018

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 24 May 2018

HEARD AT:

Heard on the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1.     In respect of ML 100133 compensation is determined in the total sum of $127.00 per annum.

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

CATCHWORDS:

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

Mineral Resources Act 1989 s 279(1), s 281, s 281(1), s 281(3)(a), s 281(4)

Public Trustee Act 1978 Part 7

Markert v Struber & Anor[2017] QLC 62 – considered.
Pavey & Anor v Struber & Anor [2017] QLC 63 – considered
Re Fitzgerald & Anor v Struber & Anor [2009] QLC 76 – applied

Unimin Australia Limited v Freeman [2007] QLC 76 – cited

Wallace & Ors v Bottomer & Ors [2015] QLC 23 – considered
Wellington v Struber & Anor[2017] QLC 64 – considered
Wills v Minerva Coal Pty Ltd [No.2] (1998) 19 QLCR 29 – applied

APPEARANCES:

Not applicable

1. This case 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 100133 (ML 100133).

1. As both respondents are currently serving a period of imprisonment[1] the referral documents have been addressed to them care of the Public Trustee as follows:

C/- PUBLIC TRUSTEE
  PO BOX 656
  CAIRNS QLD 4871

[1]Public Trustee Act 1978, Part 7.

1. The applicant, Patrick Charles Fitzgerald (the miner), seeks the grant of a mining lease on land described as Lot 14 on SP 250040. The mining lease area comprises of 9.44ha and a 5km access track across land owned by the respondents, Stephen Struber and Dianne Wilson-Struber (the landowners). The subject land is known as Palmerville Station is situated within the Mareeba Shire local government area and is used for grazing purposes.

1. The Land Court reference and tenure details are set out below:

Court reference	Tenure ID	Area	Term	Lease purpose
MRA707-17	ML 100133	9.44ha	15 years	Gold

1. Section 279(1) of the MRA requires that compensation be settled before grant or renewal of a mining lease is set out as follows:

279 Compensation to be settled before grant or renewal of mining lease

(1)       A mining lease shall not be granted or renewed…