Gosper & Ors v Struber & Anor

Gosper and others sought a determination of compensation for the grant of mining lease ML 100195 over their land. The dispute was heard in the Queensland Land Court. The primary issue before the court was the determination of the compensation payable for the grant of the mining lease. The applicants argued for a higher compensation amount, while the respondents contended that the compensation should be set at the statutory minimum.

The court examined the statutory provisions and found that there was no evidence or submissions provided to support a compensation amount higher than the statutory minimum. The court also considered relevant referral documents and previous court judgments. Ultimately, the court concluded that the compensation payable should be determined in accordance with the statutory minimum. The court granted the compensation at the statutory minimum rate, which was $220.00 per annum.

In summary, the court determined the compensation payable for the grant of mining lease ML 100195 at the statutory minimum of $220.00 per annum. The applicants were ordered to pay the compensation amount to the Public Trustee of Queensland within one month of the 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.