Haines v Smith

Case [2019] QLC 35

LAND COURT OF QUEENSLAND

CITATION: Haines v Smith & Anor [2019] QLC 35
PARTIES: Norman Graham Haines
(applicant)
v
Kenneth Noel Smith
(first respondent)
and
Deborah Allison Smith
(second respondent)
FILE NO: MRA237-18
DIVISION: General division
PROCEEDING: Determination of compensation for renewal of 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
ORDERS:

In respect of the application for renewal of ML 10331, compensation is determined in the amount of Four Hundred and Twenty-Nine Dollars ($429) per annum, which is Four Thousand, Two Hundred and Ninety Dollars ($4,290) for the life of the lease. 1.   

Norman Graham Haines is to pay to Kenneth Noel Smith and Deborah Allison Smith compensation in the amount set out in Order 1, namely, Four Hundred and Twenty-Nine Dollars ($429), within thirty (30) days from the notification of the renewal of the mining lease by the Department of Natural Resources, Mines and Energy and annually thereafter on or before the anniversary of the issuing of the lease.2.   
CATCHWORDS:

ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – COMPENSATION – where mining leaseholder applied for Land Court to determine compensation – where subject land used for grazing – where parties filed compensation statements unsupported by evidence – where Court relies on previous determinations to reach a compensation figure

Land Court Rules 2000 r 36A
Mineral Resources Act 1989 s 279, s 279A, s 281

Alphadale Pty Ltd v Dore & Ors [2016] QLC 15, considered
Aurum Vale Pty Ltd v Struber & Anor [2018] QLC 19, considered
Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor [2014] QLC 38, considered
Fitzgerald v Struber & Anor [2018] QLC 18, considered
Fitzgerald v Struber & Anor [2019] QLC 6, considered
Great Mines Pty Ltd v Titley [2010] QLC 32, cited
International Parts & Equipment Pty Ltd v Struber & Anor [2018] QLC 23, considered
Keyse v Phillipson & Ors [2016] QLC 40, considered
Markert v Struber & Anor [2019] QLC 7, considered
McDowall v Reynolds [2015] QLC 32, cited
Pavey & Anor v Struber & Anor [2017] QLC 63, considered
Pavey & Anor v Struber & Anor [2018] QLC 24, considered
Plethora Pty Ltd v Struber & Anor [2018] QLC 26, considered
Re Australian Diatomaceous Earth Pty Ltd v Marsterson [2004] QLRT 49, cited
Re Queensland Tantalite Pty Ltd and A T Batchelor [2005] QLRT 84, cited
Skrzypczynski & Ors v Hutchinson [2017] QLC 4, considered
Thomsen v Struber [2017] QLC 33, considered
Wallace & Ors v Bottomer & Ors [2015] QLC 23, considered
Wills v Minerva Coal Pty Ltd (No. 2) (1998) 19 QLCR 297, considered
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…

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AGLC
Haines v Smith [2019] QLC 35
Case
[2019] QLC 35
Decision Date

CaseChat Overview and Summary

The parties to this case are Norman Graham Haines, the applicant, and Kenneth Noel Smith and Deborah Allison Smith, the respondents. The dispute involves the determination of compensation for the renewal of a mining lease, ML 10331, over land used for grazing. The matter was heard in the Land Court of Victoria. The applicant sought a determination of compensation for the renewal of the lease, which was opposed by the respondents.

The primary legal issue before the court was the amount of compensation to be paid for the renewal of the mining lease. Both parties filed compensation statements but did not support them with evidence. The court had to determine the appropriate compensation amount based on the previous determinations and other relevant factors.

The court reviewed previous determinations for similar mining leases and considered the use of the land for grazing. It found that the appropriate compensation amount was Four Hundred and Twenty-Nine Dollars ($429) per annum, totalling Four Thousand, Two Hundred and Ninety Dollars ($4,290) for the life of the lease. The court emphasised the importance of providing evidence to support compensation statements in future cases.

The court ordered that Kenneth Noel Smith and Deborah Allison Smith are to be paid compensation in the amount of Four Hundred and Twenty-Nine Dollars ($429) per annum, which amounts to Four Thousand, Two Hundred and Ninety Dollars ($4,290) for the life of the lease. Norman Graham Haines is to pay the compensation within thirty (30) days from the notification of the renewal of the mining lease by the Department of Natural Resources, Mines and Energy and annually thereafter on or before the anniversary of the issuing of the lease.

Orders

Orders of the court

In respect of the application for renewal of ML 10331, compensation is determined in the amount of Four Hundred and Twenty-Nine Dollars ($429) per annum, which is Four Thousand, Two Hundred and Ninety Dollars ($4,290) for the life of the lease. 1.

Norman Graham Haines is to pay to Kenneth Noel Smith and Deborah Allison Smith compensation in the amount set out in Order 1, namely, Four Hundred and Twenty-Nine Dollars ($429), within thirty (30) days from the notification of the renewal of the mining lease by the Department of Natural Resources, Mines and Energy and annually thereafter on or before the anniversary of the issuing of the lease.2.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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