GoSam v Mudge
[2010] QLC 34
•11 March 2010
LAND COURT OF QUEENSLAND
CITATION: GoSam v Mudge [2010] QLC 0034
PARTIES:In the matter of Mining Lease No 20336 – Determination of compensation payable by Michael John GoSam and Ellen Vera GoSam to John Davey Mudge
FILE NO:MRA325-09
PROCEEDING: Application for determination of compensation
DELIVERED ON: 11 March 2010
DELIVERED AT: Brisbane
MEMBER:Mr BR O’Connor, Judicial Registrar
ORDERS:1. Compensation determined at $715.
2. The miner pay the total compensation of $715 to the landholders within two months from notification of the renewal of the mining lease by the Mining Registrar.
CATCHWORDS: MINING LEASE – DETERMINATION OF COMPENSATION
Mineral Resources Act 1989 s.281
APPEARANCES: Not applicable – Heard on the Papers
Background
Michael John GoSam and Ellen Vera GoSam (the miners) have made application for Mining Lease 20336. The application was lodged with the Mining Registrar, Mareeba District on 6 September 2000 and is for a period of 10 years. The lease area is 11.5573 ha (rounded to 12 ha).
This determination of compensation relating to the mining lease itself and access to the mining lease includes access over two properties owned by John Davey Mudge.
Court Practice Direction
On 6 August 2009 the Court sent letters to the miners and the landholder bringing the referral of this matter to the Court by the Mining Registrar to their attention and advising them of their obligations under Court Practice Direction. Timeframes for the submissions of relevant material were provided to each party. Both parties made brief submissions to the Court. The miners’ submissions do not include any details of the length of the access over the landholder’s property.
The absence of detailed, or any, compensation evidence clearly makes the task of the Court in determining compensation very 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) and absent any details of the area of land required for access and taking into account both parties submissions, I assess compensation for access in the minimal sum of $5 per annum for the term of the lease, which equates to $50. I determine compensation for the lease itself at $5 per hectare per annum, equating to $600. Pursuant to s.281(4)(e) of the Act, I award the additional sum of $65.
Taking all relevant factors into account, I order that the miner pay the total compensation of $715 to the landholders within two months from notification of the renewal of the mining lease by the Mining Registrar.
BR O’CONNOR
JUDICIAL REGISTRAR
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