Gosper & Ors v Struber & Anor

[2019] QLC 11

LAND COURT OF QUEENSLAND

CITATION:

Gosper & Ors v Struber & Anor [2019] QLC 11

PARTIES:

Terrence Robert Gosper, Louis Bray Gosper, Deborah Anne Gosper and Tomas Ryan Gosper
(applicants)

v

Stephen Roy Struber and Dianne Rose Wilson-Struber
(respondents)

FILE NO:

MRA002-19

DIVISION:

General Division

PROCEEDING:

Determination of compensation for grant of mining lease

DELIVERED ON:

26 February 2019

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 23 February 2019

HEARD AT:

On the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1.    In respect of ML 100195 compensation is determined in the total sum of $220.00 per annum.

2.    The applicants 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

Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor [2015] QLC 30, applied
Fitzgerald & Anor v Struber & Anor [2009] QLC 76, applied
Wallace & Ors v Bottomer & Ors [2015] QLC 23, applied

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

APPEARANCES:

Not applicable

1. This matter arises from a referral to the Land Court by the Chief Executive, Department of Natural Resources, Mines and Energy (DNRME) 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 100195 (ML 100195). The referral was filed in the Land Court on 21 December 2018.

Background

1. The applicants, Terrence Robert Gosper, Louis Bray Gosper, Deborah Anne Gosper and Tomas Ryan Gosper (the miners) seek the grant of a mining lease located on land commonly known as Palmerville Station (the subject land) and more particularly described as Lot 14 on SP 250040. Palmerville Station is owned by the respondents, Stephen Roy Struber and Dianne Rose Wilson-Struber (the landowners), is located within the Cook Shire local government area and is used for grazing purposes.

1. The landowners are currently serving a period of imprisonment and their address for service is listed on the referral documents as C/ Public Trustee PO BOX 564 CAIRNS QLD 4870.

1. The specific Land Court reference and tenure details are set out as follows:

Court File Ref	Tenure ID	Mining Area	Access	Term	Lease Purpose
MRA002-19	ML 100195	17.56 ha	3.44 ha	10 years	Gold

1. On 3 January 2019 a Mining Lease Notice for ML 100195 was issued by the Mineral Assessment Hub.

Relevant legislation

1. Section 279 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…