Hennessy v Phillott
[2009] QLC 39
•17 March 2009
LAND COURT OF QUEENSLAND
CITATION: Hennessy v Phillott [2009] QLC 0039
PARTIES:In the matter of Mining Leases Nos 60358 and 60359 – Determination of compensation payable by Brian Hennessy to Graham Lindsay Peter Phillott
FILE NO:MLC00180/2008, MLC00182/2008
PROCEEDING: Application for determination of compensation
DELIVERED ON: 17 March 2009 (Amended on 15 April 2009)
DELIVERED AT: Brisbane
MEMBER:Mr BR O’Connor, Judicial Registrar
ORDER/S:1. Compensation determined at $60.
2.The miner pay the total compensation of $60 to the landholders within two months from notification of the renewal of the mining lease by the Mining Registrar.
CATCHWORDS: MINING LEASE – DETERMINATION OF COMPENSATION
Mineral Resources Act 1989, s.281
Re Wallace & Ors & Evans [2006] QLRT 93, applied
APPEARANCES: Not applicable – Heard on the Papers
Background
This decision is an amended version of [2009] QLC 0039 dated 17 March 2009.
Brian Hennessy (the miner) has made application for ML 60358 and ML 60359 for terms of five years with the Mining Registrar, Quilpie District.
This determination of compensation relates to access to the mining leases which includes access over a property owned by Graham Lindsay Peter Phillott.
Tribunal Practice Direction
On 11 November 2008 the Court sent letters to the miner and the landholder bringing the referral of this matter to the Court by the Mining Registrar to their attention, and advising them of their obligations under Court Practice Direction. Timeframes for the submission of relevant material were provided to each party. Neither the miner nor the landholder have made submissions to the Court.
It is not an uncommon occurrence for either or both parties in a compensation matter before the Court to fail to comply with the relevant Practice Direction. The absence of detailed compensation evidence clearly makes the task of the Court in determining compensation very difficult. In the circumstances, I adopt the analysis of the legislative provisions, compensation principles and methodology applied by Mining Referee Windridge in Re Wallace & Ors & Evans [2006] QLRT 93.
Determination
Taking into account all heads of compensation in subsection 3 of section 281 of the Mineral Resources Act 1989 (the Act), and making use of the limited details of the area of land required for access, I assess compensation for access in the minimal sum of $5 per annum per lease for the term of each lease, which equates to $50. Pursuant to s.281(4)(e) of the Act, I award the additional sum of $10.
Taking all relevant factors into account, I order that the miner pay the total compensation of $60 to the landholders within two months from notification of the renewal of the mining lease by the Mining Registrar.
BR O’CONNOR
JUDICIAL REGISTRAR
0
0
0