Goldhounds Exploration and Mining Pty Ltd v Struber - [2016] QLC 65

LAND COURT OF QUEENSLAND

CITATION: Goldhounds Exploration and Mining Pty Ltd v Struber & Anor [2016] QLC 65

PARTIES: Goldhounds Exploration and Mining Pty Ltd
ACN 92 607 633 456
(applicant)

v

Stephen Roy Struber and Dianne Rose Wilson-Struber

(respondents)

FILE NO: MRA214-16
MRA268-16

DIVISION: General Division

PROCEEDING: Determination of compensation for grant of mining leases.

DELIVERED ON: 3 November 2016

DELIVERED AT: Brisbane

HEARD ON: Submissions closed 18 August 2016 and 21 September 2016

HEARD AT: Heard on the papers

JUDICIAL REGISTRAR: GJ Smith

ORDERS:
1.   In respect of ML 100065 compensation is determined in the sum of $330 per annum.

2.   In respect of ML 100066 compensation is determined in the sum of $572 per annum.

3.   The applicant pay compensation to the Public Trustee of Queensland on behalf of the respondents the amounts set out in orders 1 and 2 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 grant of the mining lease.

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

Mineral Resources Act 1989

Public Trustee Act 1978

Brown v Struber & Anor [2016] QLC 54

Fitzgerald & Anor v Struber & Anor [2009] QLC 76

Kelly v Struber & Anor [2016] QLC 7

Munro & Anor v Struber & Anor [2016] QLC 49

Northeast Mining Co Pty Ltd v Struber & Anor

[2016] QLC 5

Valenti v Struber & Anor [2015] QLC 17

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

APPEARANCES: Not applicable

Each proceeding 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 Leases 100065 (ML 100065) and 100066 (ML 100066).
The referral documents list the address for the respondents as:
PRINCIPAL PUBLIC TRUST OFFICER
PUBLIC TRUST OFFICE
PO BOX 656
CAIRNS QLD 4870

Background

The applicant, Goldhounds Exploration and Mining Pty Ltd ACN 92 607 633 456, (the miner) seeks the grant of two mining leases situated on land described as Lot 14 on SP250040. ML 100065 comprises a mining area of 27.26 ha while ML 100066 has a mining area of 49.55 ha. Both leases can be accessed via a track 3.9 km in length.
The mining and access areas of both ML 100065 and ML 100066 are situated on land owned by the respondents Stephen Struber and Dianne Wilson-Struber (the landowners). The land is more commonly known as Palmerville Station and is used for grazing purposes. The relevant area of Palmerville Station is located in the Cook Shire Local Government area.
A separate certificate of application was issued by the Department of Natural Resources and Mines for ML 100065 and ML 100066 on 21 January 2016.

Relevant legislation

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: [2016] QLC 65
Decision Date: 3 November 2016

CaseChat Overview and Summary

In the case of Goldhounds Exploration and Mining Pty Ltd v Struber, the dispute involved the determination of compensation for mining leases granted to Goldhounds. The applicants sought the determination of compensation in respect of two mining leases, ML 100065 and ML 100066. The respondents, Struber, argued for a higher compensation amount based on their claims. The case was heard in the Queensland Supreme Court, which was tasked with determining the appropriate compensation for the mining leases in the absence of expert or valuation evidence.

The primary legal issue before the court was the determination of compensation for the mining leases. The applicants argued that the compensation should be based on the rates provided in the Mining Act 1978 (Qld), while the respondents contended for a higher amount. The court was required to consider the absence of expert or valuation evidence and the use of previous court judgments to determine the compensation. The court had to balance the statutory provisions and the interests of both parties in determining the compensation.

The court, in determining the compensation, considered the statutory rates prescribed under the Mining Act 1978 (Qld) and the lack of expert or valuation evidence. It noted that previous court judgments had set precedents for compensation amounts in similar cases. The court held that the compensation should be determined based on the statutory rates, considering the specific circumstances of each mining lease. The court found that the compensation for ML 100065 should be set at $330 per annum and for ML 100066 at $572 per annum. The applicants were ordered to pay the determined compensation amounts to the Public Trustee of Queensland on behalf of the respondents within two months from the notification of the issue of the mining lease by the Department of Natural Resources and Mines and thereafter on the anniversary of the grant of the mining lease.

Orders

Orders of the court

1. In respect of ML 100065 compensation is determined in the sum of $330 per annum.

2. In respect of ML 100066 compensation is determined in the sum of $572 per annum.

3. The applicant pay compensation to the Public Trustee of Queensland on behalf of the respondents the amounts set out in orders 1 and 2 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 grant 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:	Goldhounds Exploration and Mining Pty Ltd v Struber & Anor [2016] QLC 65
PARTIES:	Goldhounds Exploration and Mining Pty Ltd ACN 92 607 633 456 (applicant)
v
Stephen Roy Struber and Dianne Rose Wilson-Struber (respondents)
FILE NO:	MRA214-16 MRA268-16
DIVISION:	General Division
PROCEEDING:	Determination of compensation for grant of mining leases.
DELIVERED ON:	3 November 2016
DELIVERED AT:	Brisbane
HEARD ON:	Submissions closed 18 August 2016 and 21 September 2016
HEARD AT:	Heard on the papers
JUDICIAL REGISTRAR:	GJ Smith
ORDERS:	1. In respect of ML 100065 compensation is determined in the sum of $330 per annum. 2. In respect of ML 100066 compensation is determined in the sum of $572 per annum. 3. The applicant pay compensation to the Public Trustee of Queensland on behalf of the respondents the amounts set out in orders 1 and 2 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 grant of the mining lease.
CATCHWORDS:	MINING LEASE – grant – referral – determination of compensation – absence of expert or valuation evidence – use of Court judgments for determination purposes Mineral Resources Act 1989 Public Trustee Act 1978 Brown v Struber & Anor [2016] QLC 54 Fitzgerald & Anor v Struber & Anor [2009] QLC 76 Kelly v Struber & Anor [2016] QLC 7 Munro & Anor v Struber & Anor [2016] QLC 49 Northeast Mining Co Pty Ltd v Struber & Anor [2016] QLC 5 Valenti v Struber & Anor [2015] QLC 17 Wills v Minerva Coal Pty Ltd [No.2] (1998) 19 QLCR 297
APPEARANCES:	Not applicable