Gotap Pty Ltd v Skelton

[2021] QLC 20

LAND COURT OF QUEENSLAND

CITATION: 

GOTAP Pty Ltd v Skelton [2021] QLC ­20

PARTIES:

GOTAP Pty Ltd
(applicant)

v

Christopher James Skelton
(respondent)

FILE NO:

MRA098-20

PROCEEDING:

Determination of compensation payable for renewal of mining lease

DELIVERED ON:

17 June 2021

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 20 April 2021

HEARD AT:

Heard on the papers

MEMBER:

JR McNamara

ORDERS:

I determine that GOTAP Pty Ltd must pay Christopher James Skelton compensation in respect of ML 95439 as follows:

one sixth of the cost of one weed inspection being the sum of Ten Dollars ($10) paid per annum; and 1.   

if the access road is not maintained and Mr Skelton incurs that expense, one sixth of the cost of any reasonably necessary track maintenance within 28 days of presentation of an invoice. 2.   

CATCHWORDS:

ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – COMPENSATION – where matter referred to Land Court for determination – where subject land used for access only – where parties filed compensation statements unsupported by expert evidence – where Court relies on previous determination to reach a compensation figure

Mineral Resources Act 1989 s 279, s 279A, s 281

Washington v Skelton [2021] QLC 11, applied
Wills v Minerva Coal Pty Ltd [No 2] (1998) 19 QLCR 297, applied

APPEARANCES:

Not applicable

1. This matter concerns a referral to the Land Court of a mining compensation matter from the Mineral Hub, Department of Resources (“Resources”) pursuant to s 279A of the Mineral Resources Act 1989 (“MRA”). The referral was filed in the Land Court on 30 June 2020.

Background

1. On 29 September 2014, the applicant, GOTAP Pty Ltd (“GOTAP”), applied to renew ML 95439 for a period of 10 years. The mining lease is for the purpose of open cut opal mining.

1. The mining lease is in the Winton Mining District on a property known as Vergemont (Lot 278 on OL363). Access to the mining lease, however, is via the adjacent property owned by the respondent, Christopher James Skelton, Lot 1 on RK4 (Eildon Park) and Lot 2 on RK5 (Mayneside). The length of access is agreed to be a total of 11.8 km and the width of 5 m, the total area comprising 5.9 ha. There has been engagement between Mr Jackson, Sole Director of GOTAP, and Mr Skelton regarding compensation but no agreement.

Relevant legislation

1. Section 279 of the 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 determination of compensation has been made by the Land Court. In this matter, no agreement has been lodged with Resources which is why the matter was referred to the Land Court for determination.

1. Section 281 of the MRA sets out those matters which must be considered by this Court when determining compensation. In particular, s 281(3)(a) provides that an owner of land is entitled to compensation for:

“(i)   deprivation of…