Haines v Smith

[2019] QLC 36

LAND COURT OF QUEENSLAND

CITATION:

Haines v Smith & Anor [2019] QLC 36

PARTIES:

Norman Graham Haines
(applicant)

v

Kenneth Noel Smith
(first respondent)

and

Deborah Allison Smith
(second respondent)

FILE NO:

MRA011-19

DIVISION:

General division

PROCEEDING:

Determination of consent for variation of access for mining lease

DELIVERED ON:

­­6 September 2019

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 10 May 2019
Matter allocated on 7 May 2019

HEARD AT:

Heard on the papers

MEMBER:

WL Cochrane

ORDER:

In respect of the referral for determination of whether the respondents should consent to the variation of access applied for by the applicant for ML 10331, I determine that the respondents should consent. 

CATCHWORDS:

ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – TITLES: RIGHTS, PERMITS, LICENCES AND LEASES ETC – where mining leaseholder applies for variation of access for mining lease

Land Court Rules 2000 r 36A
Mineral Resources Act 1989 s 317

Haines v Smith & Anor [2019] QLC 35, cited

APPEARANCES:

Not applicable

1. This matter is a referral by the chief executive of the Department of Natural Resources, Mines and Energy (DNRME) to the Land Court pursuant to s 317(3) of the Mineral Resources Act 1989 (MRA) for the determination of owner’s consent in respect of an application for a variation of the land used or proposed to be used as access for ML 10331 in circumstances where the chief executive cannot be satisfied that the owner of the land proposed to be used as access consents to the use.

Background

1. On 15 August 2018, a person named Kathy Hughes, who labelled herself as the “AHR” (authorised holder representative) for ML 10331, applied on behalf of the applicant miner, Mr Norman Haines, for a variation of access for ML 10331. Ms Hughes appears to be the principal of Hughes Consulting.

1. The application sought a variation of the access for ML 10331 which lease is set to expire on 31 December 2018.

1. As was enunciated in my recent decision for renewal of ML 10331,[1] the subject ML 10331 is located on property owned by the respondents, Mr Kenneth Smith and Mrs Deborah Smith, which property is described as Lot 4 on GF 194 (or “Oakvale Station”).

   [1]Haines v Smith & Anor [2019] QLC 35.

1. The total area of the mining lease is 25.6269 hectares of which is entirely located on the respondents’ land known as Oakvale Station.

1. The total proposed access affecting the subject land is 0.534 ha (1 kilometre in length and 5.34 metres in width).

1. The application provides the following relevant information about the proposed access:

“Access is along the south eastern boundary of the old air field associated with the leasehold property.  It provides all weather access and has been used as the access for the mining site for the last few years.  The approved access creates environmental issues being prone to erosion during the wet season if disturbed by traffic and presents potential safety issues with respect to…